Research On The Legal System Of Property Service Contract

With the rapid development of the property management industry, a large number ofproperty disputes generated and showed a rising trend year by year， in which propertyservices contract disputes is the common problem of current property management industry.Lack of legislation causes judicial confusion. Based on this, this paper try to analyze theconcept, the nature and the rights foundation of property services contract, to explain itslegislative status and problems to be explored, and to have a discussion on the perfection ofthe legal system of property services contract.In addition to the introduction, the article is divided into four parts and is about thirtythousand words.The first part—Overview of property services contract. The paper starts from the basictheory of property services contract, defines the concept of property services contract,analyzes the characteristics, explore its nature, and complete the analysis of the basic issues ofproperty services contract.The second part—The property law basis of the property services contract—condominium ownership. This part starts form the three elements of the condominiumownership, that is the proprietary fractional ownership、total stakeholder ownership and amember of the right，combine with content of property services contract in the legal system,and further the basic research of property services contract in Property Law.The third part—the legislative status of China’s property services contract and existingproblems. Starting from the law, administrative regulations and judicial interpretations, thelevels of the other provisions, this part interprets legislative status; analyzes existing problemsin service contract system by combine with judicial practice; and discourses the problems inperspectives of contract subjects system, the performance and defenses of the contract, thetermination of the contract and so on.The fourth part—recommendations to improve the legal system of property servicescontract. This part discusses from clear the nature of the property service contract，clearlingdefinition of owners, giving the civil subject status of the owners’ committee, regulating therights and obligations of the contract, regulating invalid provisions of the property servicecontract, improving the right of defense system of property services contract, to standard contract rights and other issues, in order to put forward beneficial suggestions toward thedevelopment of the system of property services contract.