Research On The Exercise Of The Owner's Right Of Defense In The Dispute Of Estate Service Contract

With the explosive growth of estate service contract disputes,owners' defense right has become a powerful weapon for owners to safeguard their own rights and interests.At present,the related research on the right of defense of the owner mainly puts forward some suggestions on the improvement of the system of the right of defense of the owner through the discussion of the main body of the exercise of the right of defense of the owner,the restriction of the exercise,the cause of the defense and so on.Through the study of the exercise of the right of defense of the owner in judicial practice,it is found that the exercise of the right of defense of the owner is still facing many obstacles.Based on the owner's right of defense and its exercise,this paper finds out the obstacles to the exercise of the owner's defense right from the judicial practice,and finds out the ways to ensure the proper exercise of the owner's defense right through the analysis of the reasons.The article combines six truths.The case analyzes the present situation of the exercise of the right of defense of the owner,which has an empirical basis.This paper takes the research of the owner's defense right and its exercise as the starting point,from three aspects: the definition of the owner's defense right,the legislative present situation and the subject matter of the owner's defense right.When defining the owner's defense right,it describes the concept and constituent elements of the owner's defense right,and has a clear understanding of the owner's defense right through the discussion of the subject,object and content of the right.Then through the study of the current situation of legislation and the reasons for the exercise,this paper presents the current legislative situation of the exercise and restriction of the right of defense of owners,and lays a solid foundation for the analysis of the following legal issues.Then,through a brief summary and analysis,the problems in judicial practice will be advanced.In order to sort out,it is clear that the problems that need to be analyzed and solved include the unclear boundary between the exercise of the owner's adversarial right,the difficulty of obtaining the support of the judge for the owner's defense,and the difficulty of determining the breach of contract of the estate service contract.Through the analysis of the causes of the above problems,it is found that there are defects in the legislative system of owners' right of defense in practice,the identification of "legitimate reasons" is too strict,and the determination of breach of contract by estate service enterprises is difficult.Finally,it is a suggestion to protect the exercise of the right of defense of the owner.In the aspect of perfecting the relevant legislation of the owner's defense right,it is necessary to clearly define the scope of the security obligation of the estate service enterprise,the reason and the legal consequence of the owner's defense right;in the protection of judicial practice,it is necessary to clearly define the scope of the security obligation of the estate service enterprise.When the reason is applied,it is necessary to make it clear that the principle of justification is the principle of good faith,and to apply the "legitimate reason",we should adopt the method of expanded interpretation;in the aspect of fact determination,we should make clear the boundary between minor breach of contract and serious breach of contract,and reasonably distribute the burden of proof between the owner and the estate service enterprise.