Research On Several Legal Issues Of The Property Service Contract

With the continuous development of our country’s socialist market economy, the reformof the housing system and the prosperity of the real estate industry, more and more residentschoosing to purchase their own homes is becoming a common phenomenon. In recent years,China’s cell construction boom in the city, and the original “owner-occupied self-managed”housing management model has gradually fade out of people’s vision, attendant of a newindustry-Property Management industries. Simply speaking, through the professionalservices of the realty service enterprises by providing comprehensive services to the owners,the owners pay the appropriate price. Property management as a new management model ofthe real estate management has gradually accepted by the people and the recognition of thesociety. Property management is an important link in the city management, the inevitableresult of social and economic development to a certain level, in favor of safeguard the normalorder of life of the people. Property services contract is the core content of the propertymanagement system and property services contract related to all aspects of people’s lives andthe good or bad of both parties’ performance has a direct impact on the quality of people’s rawand the building of the harmonious society. However, due to the lack of the special provisionsof legal property services contract in our existing legal system and imperfect of the legalsystem, it lead to many difficulties in the actual implementation process of the propertyservices contract and the endless stream of property disputes unresolved. The emerging of thiscomplex social conflict seriously affected the further development of the propertymanagement industry in China.On the basis of the comprehensive analysis and research on some theoretical problems ofthe property services contracts and combined with China’s specific national conditions, thisarticle find some inadequacies exist in the property services contract and put forward someproposals. This paper is divided into six parts:The first part is the preamble of the papers, mainly introduces the background andpurposes, as well as the research status of property management at home and abroad. Throughthe comparison of the domestic and international, I found some issues exist in our propertymanagement. Based on the management experience learns from foreign advanced property,and combined with China’s specific national conditions, this paper put forward someimprovement ways. It also introduced the writing method in the process of writing andinnovations. The second part starting from the general problem of property services contract. Firstly,this part discusses the development history of the property management and launches themeaning of our property services contract. Secondly, through the in-depth analysis of thecharacteristics of the property services contract, it reached the differences of property servicescontract and other contracts. Again, the detailed description on the classification of theproperty services contract, it makes for a more intuitive understanding of the existing propertyservices contract. Last, through the discuss of the nature of the property servicescontract,which has been the focus of controversy current problem, and the description andanalysis of the several mainstream theory currently, this part finally arrival to a conclusionthat the property services contract is a new kind of civil contract.The third part is the main body of the property services contract. Through thecomprehensive exposition of the property service enterprise, owners, owners’ meeting, theowners’ committee, it made a certain foundation of bearing the liability for breach of contractfor the following part.The fourth part is the validity of the contract and the release of property services. By thegeneral theory of the validity of the contract, it analyzed the effective elements of the propertyservices contract and invalid situations. Then, this part discusses the causes and circumstancesof the termination of the property services contracts, and analyses the legal consequences ofthe parties after the termination of the contract.The fifth part is to analyze the instructions from liability for breach of property servicescontract. Through the detailed exposition of each breach and accountability of the owners,other users and property service enterprise, it discovery some problems in the performance ofChina’s property services contract mentioned below.The sixth part summarizes some problems of our realty service contract and putsforward some feasible suggestions in order to improve the realty service contract in the futureaiming at these questions and to draw up a scientific and reasonable property managementlaws and regulations, thus reducing the dispute of the realty service contract and promotingthe property services industry health and rapid development.