A Research On Legal Questions Of Realty Service Contracts

Property service is an important part to help people deal with common life affairs,and it has more and more influence on the life of urban residents:As the basic basis for adjusting the legal relationship of property service,property service contract plays an extremely important role in modern residents' life.Property realty service contract has broad sense and narrow sense,broad sense of the realty service contract,including prophase realty service contract,the construction entity and the realty service enterprise to enter into a contract,special realty service contract refers only to ordinary realty service contract,the owner by the owners' committee or the owners' congress and the realty service enterprise to enter into a contract.Compared with other typical contracts,property service contracts are characterized by fixed signing subject and complex contents.Around the adjustment of the realty service contract legal norms are also different,each has its characteristics,such as Sin gapore residents convention,the resident's handbook,Japan is the high-level standard housing management statute,the high-level standard housing management to entrust contract book,China's Hong Kong(the owner)of multi-storey buildings ordinance,these legal norms for the significance of reference to the realty service contract legislation of our country.In the traditional civil code of the civil law system,the,property service contract is one of the basic types of contract based on the current legislation,but the property service contract itself has not become a famous contract stipulated in the law.In China's Civil Code,the legislators consider that the property service contract is significantly different from other typical contracts,and its importance and universality are significantly enhanced.They stipulate the property service contract as a typical contract,making it a kind of famous contract.The incorporation of the property service contract into the contract system of the Civil Code can provide a framework for the parties to the contract,clarify the trial direction of property service dispute cases,and help protect the interests of both parties and solve the property service contract dispute cases.The Civil Code,officially adopted on May 28,2020,provides 14 provisions on property service contracts in Chapter 24 of Contract Part.Whether in theory absorption or judicial practice reflection,there are many bright spots and progress,which is also a sign of the establishment of the property service contract legal system.The progress of civil law and the development of judicial practice all put forward higher requirements for the legislation of property service contract.There is still room for improvement in the property service contract chapter for the important issues such as the legal status of the subject of the contract,the standard setting of rights and obligations,the owner's right to terminate the contract at will,and the legal regulation of the preliminary property service contract.Based on the above research,this paper finally forms some legislative Suggestions on the general provisions of the property service contract in China,in order to provide useful references for the future improvement of the legislation of the property service contract in the Civil Code of China.