Research On The Property Service Contract

With the continuous development of the country’s socialist market economy, the deep reform of the housing system and commercial housing market gradually improved. More and more people begin to shift from unite house to buy their own commercial housing. People also have higher pursuit for professional property services, while constantly improving their living environment, then the property service industry appeared. Property service enterprises provide more comprehensive services through their professional skills, then they are gradually accepted by people and received recognition from all sectors of society. In the community, the property service contract connect the property service enterprise and the owner together. The content of the property service contract involves all aspects of owners’ lives. How the parties of the contract perform the rights and obligations will affect the quality of the life for the owners and the community harmony. Therefore, this paper attempts to do some research through the concept, characteristics, subjects and liability for breach of contract.This paper is divided into three parts. The first part is an overview of the property service contract, which mainly explains the concept, type and characteristics of the contract. We understand the differences between the property service contract and other types of contract by analyzing more clearly. The second part discuss the subject of the property service contract. We discuss the subject in different ages. In the prophase of the property service contract, the mainly subjects of the contract are the construction unit, the owner and the property service enterprise. In the property service contract, the subjects of the contract are the property service enterprise and the house-owner convention. In this chapter, we recognize the house-owner convention as the civil partnership, so it can be a subject of the contract instead of the owner committee. The third part focus on liability for breach of contract. This chapter briefly introduces the basic rights and obligations of the property service contract, the doctrine of liability fixation and the forms of the liability for breach of contact. We deeply discuss the problem that when the owners refuse to pay the property costs, how can property service enterprise ask them to pay and who will be liable for the breach of contract. Finally I hope this paper will help reduce the dispute of the property service contract and promote the property service industry health and rapid development.