Research On Legal Problems Of Contracts Of Property Service

With the rapid development of market economy of our country,the real estate industry is gradually flourishing in the urbanization process.The housing standard of residents is obviously improved,and housing system changes from the united public house allocation system,self-built house era to the commodity house era.Simultaneously,with the further improving to property service demand of owners,the mode that property service enterprises provide market oriented and professional property service has been widely accepted by society.In the activities of property service,property service contracts make the civil legal relationship of owners and property service enterprises established as the core link.But in practice,property service involves all of the aspects of life of owners,and there are complicate social relationships that need to be adjusted and various of interest demands of all parties,so property service contract disputes emerge one after another.If life,there is no lack of the incidents that owners and property service enterprises have disputes and run into a deadlock,and the two confront each other to cause social group security events,and become civil life hot problems widely concerned in society.The contract disputes of property service emerge frequently,mainly because the contract system of property service in our country is relatively backward;owners have low motivation to participate in the autonomous property management;the contract content of property service is not normative;and its legal relation operating mechanism is not sound.In juridical practice,the contract dispute cases of property service increase year by year,and it bring pressures to judicial adjudication.And the identification to the problems such as the identification standard of contract defective performance of property service,the effect that owner committee signs contracts of property service by exceeding the power,the security obligation of property service enterprises and so on,faces big challenges due to the lag of the current legislation.Therefore,based on that,this paper starts with guaranteeing the legal interests of owners and promoting thereasonable operation of legal relationship of property service contracts,through investigating and analyzing the features,types,causes and so on of contract disputes of property service in practice,to have theoretical analysis and practical analysis to the existing problems in contracts of property service.And based on that,it puts forward some negligible suggestions.This paper is divided into four parts.The first part is introduction,introduces the background of the development of realty service contract,and to research the realty service contract legal issues as the center,points out the research purpose and meaning,and made a summary of literature review.The second part states the basic theory involved in contracts of property service,and introduces the basic legal concept of contracts of property service through the implication,types,legal features and so on of contracts of property service.It analyzes the legal basis of contracts of property service from the view of condominium ownership and owner autonomy,and simultaneously analyzes the main bodies,rights and obligations and so on of contracts of property service,to provide theoretical basis for the following text.The third part summarizes and extracts the main legal problems in the contracts of property service,such as the not clear legal status of main bodies of contracts of property service,not identified effect that owner committee signs contracts by exceeding its power,not reasonable exercising of arbitrary dissolution right of contracts,the incomplete defective performance regulation and system of contracts,the indefinite security obligation of property service enterprises and so on.The fourth part puts forward relevant suggestions for improving the property service contract system of our country,aiming at the problems in the third part,according to the particularity of contracts of property service,and combining the relatively mature experience in juridical practice and theory of contract law.