| With the rapid development of China’s economy and the continuous improvement of the level of national legal awareness,China’s property service industry has also made considerable progress.It is mainly reflected from the fact that property service companies employ professional property service personnel with high quality to provide more comprehensive and more humane property services.However,the development of the property services industry has also exposed many new challenges.The main reason why these problems have not been solved effectively is that the legal system of property service contracts in China is imperfect,which leads to the contradiction between property service enterprises and owners.Moreover,disputes between the two sides are often seen in newspapers and other news media.Become the hot issues in society.The article takes this as an entry point,aiming at perfecting the legal system of property service contracts in China and ensuring the legitimate rights and interests of the parties to the property service contract.The article is divided into five parts: The first part: the nature of the property service contract.The doctrine of the academic community on the nature of property service contracts,including the commission contract,the nameless contract,and the new type of famous contract.The commission contract said that the unnamed contract said that it would proceed from the existing legal provisions to justify their respective views,but without exception,neither of the two theories could be fully applied to the property service contract.In the process of compiling the contract code of the Civil Code in the future,China should name the property service contract as a new type of well-known contract.Only in this way can we better protect the legitimate rights and interests of both parties to the contract.The second part: the rights and obligations of the main body of the property service contract.The main body of the property service contract shall include only the owner and the property service enterprise,and the owners’ committee and the property user shall not be eligible for the main body of the property service contract.The owner and the property service enterprise enjoy certain rights and fulfill certain obligations in the performance of the contract.Emphasis is placed on the owner’s right to know and the security obligations of the property service company.The owner’s right to know should be in line with the legitimate purpose,and the security guarantee obligations of the property service enterprise should be clear.The third part: The effectiveness of the property service contract.Under certain conditions that meet the legal requirements,the effectiveness of a property service contract is divided into a valid contract,a validity pending contract,a revocable contract,and an invalid contract.Contracts of different effectiveness will bring different legal effects to the parties to the contract.The fourth part: the change and release of the property service contract.Changes in the property service contract include the transfer of the property service contract and the change in the content of the property service contract.The partial transfer of the special service business within the property management area by the property service enterprise is discussed in detail.First of all,it is affirmed that the property service enterprise can transfer the commission to the special service business,and secondly,it has a negative attitude towards whether the relevant part of the academic community needs to obtain the consent of the owner.Regarding the dissolution of the property service contract,the owner’s right to arbitrarily cancel the property service contract and the retrospective power of the property service contract after the release of the property service contract are denied.The fifth part: Liability for breach of contract in the property service contract.The principle of liability for breach of contract for property service contracts should be distinguished from the general liability principle of contracts.The responsibility for breach of contract of property service contract includes various methods such as continuing performance,compensation for losses,payment of liquidated damages,etc.The applicable conditions of different methods and the legal consequences are different. |
