Owner’s Right Of Defense In Realty Service Contract

At present, although the contract law, the property management regulations and some relevant judicial explanations have made detailed provisions on the problem about service, the property service dispute between client and property services companies still occasionally occurs. In judicial practice, the owner always exercise the right of defense on the grounds of the services which provided by property service company unmet. The property services companies sue the owner for breaking the contract. This contradiction between owner and property service companies has become a hotspot problem affecting the social stability. Therefore it’s the foundation to resolve disputes over property services and to maintain the owner’s equity by solving the problems such as whether the owner enjoys the right of defense in the realty service contract, who can exercise the right of defense and what are the rules which owner should follow. In order to explore the standardized path of the owner to exercise the right of defense, this paper combines with the judicial case to analyze the specific phenomenon which owner to exercise the right of defense in real life.This essay includes four parts. The first part analyzes the current law and sorts out the specific situation of the judicial practice. The Contract law and the Property service explanation admit the owner’s right of defense, but there still exists some problems such as the body is ambiguous and the way to exercise the right of defense is not clear. In practice, exercising the owner’s right of defense faces all sorts of trouble due to the particularity of the realty service contract.The second part analyzes the theory basis and exercise mode of the owner of the right of defense. This part first discusses the types of the one main body pattern and its existing disadvantages. Then this part demonstrates the advantages of dual main body pattern and its concrete classification.The third part discusses the system of the owner committee exercising the right of defense. This part emphatically discusses the legitimacy foundation and the scope of the owner committee to exercise the right of defense, meanwhile analyzes how to adjust the owner committee exercising the right of defense.The forth part discusses the owner exercising the right of defense alone. This part analyzes the basis of the owner exercising the right of defense alone and emphatically discusses the scope and limitation of owner to exercise the right of defense alone.