Research On Several Legal Issues Of The Propetry Service Contract

Modern property management law on the" property" is a term that originated inHongkong, and the law of our nation did not clearly defined about it, but from the"property management regulations" will be concluded that the concept that property,housing and supporting facilities and related equipment. Property management is thecomprehensive development of real estate derivatives, which real estate developmentas part of the consumer market, essentially a real estate development extension andimprovement, is a comprehensive management service. So to carry out propertymanagement enterprise’s property management services enterprises, they haveprofessional personnel, tools and models. Formal property management servicesenterprises in entering the community property management, it is to undergo arigorous screening, after the owner’s choice, ultimately selected the most appropriateproperty management enterprises, and with the signing of the contract of propertyservice.Property service contract is a kind of comprehensive contract type whichbelongs to a civil contract, but with the general civil contract is different. Studies onproperty service contract is controversial, and the controversy that led to the unknownnature of property service contract, signed to compare a disorder, which leads tomany problems.In recent years, property management problems emerge in an endless stream,between owners and owners, the owners and property management servicescompanies, property management services companies and the relevant administrativedepartments, especially prominent is the property charges, parking space problem,green issues, illegal construction problems, these problems are exacerbated by acircular pattern the property services are not available, the property owners do not paythe fee, do not pay property expenses led to the property company has no capitalmanagement in the course of time, causing property management quality to drop, leading to serious plot disposable tube.Aiming at these problems, this paper will be divided into five parts.The first part is the property management concept and the development history.Property originated in the United Kingdom, then gradually, and other countries in theworld accept and derive suitable for their own national property management system.Chinese property management system introduced from Hongkong. With the reformand opening up and the continuous development of the economy, propertymanagement is accepted by people and pay attention to it. Only by understanding theissues related to property management itself, can understand the origin and theproperty service contract must be regulations related issues.The second part is the overview of property service contract. Property servicecontract is a civil contract, although has the general characteristics of the civilcontract, but with other civil contracts have notable difference, property servicecontract is bilateral, paid, to type, with the contract, the contract of employment aresimilar, but not identical. Through the identification of similar contracts, it can besummed up the characteristics of the realty service contract and the nature of it.The third part is the analysis of the nature of property service contract. Chineseproperty services contract no relevant legal provisions, it only exists in various lawsand regulations and each district has its own rules, this leads to a property servicescontract management confusion. The reason appears to be due to the law of propertyservice contract give explicit nature, the scholars for its nature also argue constantly.The theory contains commissioned contract, service contract, mixed contract andindependent contract. The nature of property service contract to make a detailedanalysis, and then to perfect the legislation makes the upholstery.The fourth part is a concrete system of property service contract. Analysis of theproperty service contract, namely, the legal status and value. Property servicescontract itself has its own unique legal content; it will be part of the property servicecontract that is the subject of the owners and owners committee, propertymanagement services companies; property service contract and the responsibility ofthe property management services companies.The fifth part is about the property service contract legislation suggestion. Chinese legislation on property of scattered throughout various laws and regulations,did not rise to the legal provisions, rather some regret. In this paper, I will give somesuggestions: laws and regulations to meticulous, confirmed to the owners of theCommittee of independent legal status, the property service contract is given itsseparate legal status in order to solve the unknown nature, in order to prevent usingchaos.This paper uses logical inductive method to summarize the property servicecontract, using the differentiation method with the other civil contract to do more todistinguish, so as to solve the problem of the nature of the property service contract,its legislation to provide the basis from it.