Study On The Exertion Of Owners' Rights Of Defense In The Performance Of The Property Service Contract

In recent years,the property service contract dispute has become one of the main cases of civil disputes,and the number of cases has the trend of increasing year by year.Although the subject matter of the property service contract dispute is small lawsuit,it is usually a"mass" case,if not properly handled,it can easily lead to fierce social contradictions,and it is not conducive to the construction of a socialist harmonious society.The Property Services Contracts are usually manifested in the form of property services companies that sue owners to pay their arrears of property services,while the owner is exercising the right of defense against property services.Therefore,the study of property service contracts in the implementation of the right to correct the right of the owners of the right to defend the property service contract disputes can be effectively.The introduction part of the research briefly described the background and significance,and explains the necessity and method of studying the exercise of the owner's right of defense.The first chapter uses the method of empirical analysis to study the status quo of the owner's right of defense in the process of fulfilling property service contract in China.Combined with the case data summarizes the characteristics of the owner's defenses,the main cause of the owner's defense in the service contract,and the judicial determination in the trial.By enumerating the form of typical cases,it is found that in the judicial decision,the case of property service contract dispute cases is more serious,it is thought to be introduced,and the reasons of the dispute of property service contract dispute are summarized and the phenomenon is chaotic.The second chapter analyzes the legal relationship of property service contract,The basis for the exercise of the right of defense by the owner is also derived from the property service contract.The Property service contract is a new type of well-known dual-service contract,the use of existing contract law in the general principles can not properly handle the property service contract disputes,in response to actual needs,shall be otherwise provided by law.The owners' committee and individual owner should be the proper subject in the legal relationship of property service contract,but the basis of the defenses.The third chapter further discusses how the owners in the performance of the service contract in the right to exercise the right of defense,and combined with the first chapter of the property service contract disputes in the owners of the reasons for the defense of the judicial identification of several issues were analyzed and identified.Owners of the right of defense can not be exercised indiscriminately,in order to prevent owners from abuse of the right of defense,It is necessary to increase the legal costs of the owner to exercise the right of defense,it is proposed to establish the corresponding legal punishment mechanism.Finally,some suggestions are put forward for the proper settlement of property service contract disputes.Epilogue part is the further summary of full paper.