Research On The Legal Nature Of The Prophase Realty Service Contract

Estate Service Contract by the construction unit in accordance with the conditionsprescribed by law with the previous property services company signed preliminary agreementby the property services company within the zoning of the property construction management,housing and the environment within the region, sanitation, security, public green, uniformimplementation of road maintenance contracts and other specialized management and otherintegrated services. Estate Service Contract with characteristic difference between ordinaryproperty services contract, and because the construction unit, the owner and property serviceenterprise tripartite closely linked to the legal relationship is more complex service contractsfor preliminary nature of the property there is a big controversy. In addition, the propertyservices disputes involving disputes arising Estate Service is also more prominent. In thispaper, a more typical case as a basis, in conjunction with similar cases, and strive to heardisputes involving property services pre conduct a more comprehensive description, and amore comprehensive analysis of the relevant legal issues raised himself on the basis of thepoint of view.The main part of the paper follows the questions-analysis of the problem-the basicideas to solve the problem, is divided into four parts.The first part, the basic content of the case was introduced. Explained the background ofa dispute, the dispute on the whole story were introduced, finishing the lawsuit claims lawsuitaccused the Central Plains. Describes the circumstances of the case the trial court levels,fragment the reasons for the court, and summarized the main focus of this controversial case.The second part of the focus of this case involves conduct a more comprehensiveanalysis. Firstly, the concept of property services and features pre-contract were discussed,including the background and development of property services produced. Secondly the legalrelationship between the owners of property services contracts with the prophase realtyservice enterprise is analyzed, are listed on several main about the problem of different views,including the agency said, following by the member said, incidentally, contract and factualcontract five ideas. On five kinds of views and comments on various views, and on the basisof analysis put forward their own point of view, that has in fact contract between the ownersand property service enterprise, and the reason why hold such views are described. Between the last part of the two parking service protocol is analyzed.The third part, the judicial rules and principles to the co cases were summarized. Judicialrules part mainly introduces the current legal provisions about how to deal with such disputesin China, including the "property management regulations" and "the Supreme People’s Courton the trial of property services disputes the specific application of the law interpretation ofseveral issues". The judicial principle of treatment is mainly reflected on the common processof trial of similar cases are summarized, in order to relevant case to master morecomprehensive.The fourth part, mainly discusses the problem of transfer of reflected this kind of case ofresidential property management rights. The disadvantage of China’s current legal provisionsabout this problem and system construction are analyzed, and puts forward the perfectsuggestion based on introducing foreign related provisions.