Study On The Property Services Contract

When the property services companies emerge, the mode of thetraditional housing management has been broken. The competition mechanismof the market facilitates the orderly development of the property servicesindustry. With the rapid development of the real estate market and thecontinuous improvement of the housing environment requirements, theprofessional property service is becoming a necessity in people’s lives.However, it is not a long time since the concept of property servicesintroduced to China. The academic and practical circles have notresearched enough on the property services industry, especially in thefield of property services contract. This paper attempts to do some helpfor the theoretical research and legislation through the study on propertyservices contract.This paper has three parts, each part has some detailed discussionsabout property services contract. The first part mainly introduces thesource of the concept of property management. It points out that propertymanagement and property services have the same essence. Finally, itdemonstrates that the property services contract is new and independent.The second part discusses the subject of the property servicescontract. The providers of property services are property services companies and other managers. Property services companies need to havelegal status. Other managers include foreign-funded enterprises,partnerships, unincorporated group and the natural persons who have thequalification of property services. The recipients of property servicescontract are the owners. Owners’ meeting is composed of all owners livingin the same district. It is a unincorporated group. The owners’ committeeis the executive body of the owners’ meeting. The owners’ committee isthe agent of the owners’ meeting.The third part briefly describes the basic rights and obligations inthe property services contract. It focuses on the security obligationsof property services companies and the defense of the owners. Securityobligations of the property services companies are statutory obligations.If they break the obligations,they should assume the tort liability.However, in the case of infringement of a third person, propertymanagement companies bear only a supplementary liability. In addition,owners have the right to exercise defense as one party of the contract.But if the defense wants to be set up, it needs to have justifiable reasons.Generally, when the major interests of the majority of owners have beenviolated, the defense of the owners can be established.