Research On Several Issues Of Realty Service Contract

With the promotion of residential commercialization in China,people's requirements for living environment are constantly improving.And property management by the professional realty service enterprise,which entrusted by the owner,has become the most important property management mode.However,due to the lack of regulations in the property service industry and the imperfection of relevant legislation,there are frequent conflicts between the owner and realty service enterprise.The number of realty service contract disputes are increasing year by year.Therefore,the research on the realty service contract has become particularly important.Among them,the definition of the main body of the realty service contract,the exercise of the right to defense and the exercise of the owner's right to termination without any reason are theoretically controversial.This paper mainly focuses on these three aspects and discusses the relevant provisions of the draft Civil Code.The paper is mainly divided into five parts:The first part is about the practice and legislation status of realty service contract in China.In the part of practice status,the paper points out several characteristics of realty service disputes and the increasing trend.The current situation of legislation mainly focuses on the realty service contract,and also points out the problems existing in the relevant legislation in our country.The second part is the comparative study of the realty contract law.This paper makes a comparative study on the legislation of housing form and realty management in Hong Kong,Taiwan,the United States,Japan and Singapore,etc.The third part is about the main body of the realty service contract.The main body of the realty service contract should be all the owners and the property service enterprise.The scope of the owners should be expanded appropriately,and the status of other realty users other than the property owner should also be recognized.As the executive organ of the owners' convention,the property owners' committee shall treated as an unincorporated organization.As a party providing realty service,the realty service provider shall include realty service enterprise,unincorporatedorganizations and natural persons with certain qualifications.The fourth part is the right to defense of the realty service contract.At first,this paper analyzes the difference between the right to defense and defense,and points out that the most important difference between them is that the right defense is based on the existence of the right of claim.While defense is the claim that the right of claim has not occurred since the beginning,or has occurred but is extinguished due to certain reasons.Then,this paper analyzes the rationality of the most common situation when the parties exercise the defense and the exercise of the right to defense in the disputes of realty service contract.The fifth part is the validity and termination right of the realty service contract.Firstly,this paper analyzes the effective requirements of the realty service contract and the effectiveness of the realty service contract under several special circumstances.Then,this paper points out that the establishment of the owner's right to termination without any reason is considered to be excessive,and that the general right to termination is sufficient to protect the owner's legal rights.Therefore,the relevant provisions of the right to termination without any reason in the draft Civil Code should be deleted.