A Research In The Legal Issues Of Performing Commercial Property Service Contract

The current property management legislation is mainly aimed at residential property. However, commercial property’s attributes like profitability and publicity are different from residential property, which makes it difficult for commercial property to apply to the current property management legislation. In the case of lacking commercial management legislation, the property owner and commercial property service enterprise dispute frequently in the process of performing the commercial property service contract. As to contract sign subject, property cost, special maintenance funds, commercial property insurance and other issues, which are existing in the process of performing commercial property contract, this article will try to solve these problems through combining theory and practice, as well as using comparison method, which means learning from other countries and regions of excellent practice while basing on the property practice in our country, to identify the owners’congress’s legal entity status and the owners’committee’s "other organizations" legal status; Confirm that the commercial property sign subject are the owner and the commercial property service enterprise,merchants could also be the sign subject; Commercial property costs should depend on market while the government guidance price is complementary; Improving the supply system, remuneration system and comprehensive property costs system is in demand; Clear remedies should be developed, by which the owner and merchants could deal with their default property cost; The government should force the foundation of special commercial maintenance funds, specifical commercial property management and special maintenance funds’deposit, use and supervision; And force to set up the commercial property insurance service, to perfect property insurance liability products and so on. In the chapter4, the author will put forward some commercial property management legislation suggestions, which will act as a conclusion for the first three chapters.In a word, only by understanding and analyzing the problems which exist in the process of performing commercial property contract, and carrying out the relevant solutions, disputes caused by lacking relevant regulation could be reduced efficiently. The over all meaning of writing this paper is to protect commercial property’s main subjects’ interest.