An Empirical Study On The Rescission Of Property Service Contract

The disputes of property service contract are complicated,especially the disputes about the rescission of property service contract,the nature of the rescission right,the legal status of the owners' committee and so on,which are controversial in the field of legal theory and judicial practice.The promulgation of the property management regulations has solved some problems in the previous trial practice to a certain extent,but various provinces and cities have also introduced local property management regulations applicable to various regions at different times.It can be seen that the national property management regulations are still inadequate.Therefore,this paper starts with specific cases,through empirical analysis and research methods of type cases,summarizes the focus of relevant disputes,supplemented by laws and regulations and academic theory to explore the defects of the system itself,in order to put forward suggestions for improvement.In addition to the introduction and conclusion,the text can be divided into six parts.The first part summarizes the rescission of property service contract.This part includes three aspects.Firstly,it expounds the meaning,mode,condition and root of the rescission of the property service contract.Secondly,it lists the main legislation and content of the rescission of the property service contract.Finally,it analyzes the judicial status and the focus of the dispute.The second part is to analyze the subject of the rescission of the property service contract through the discussion of the judicial cases.This part mainly elaborates from four aspects: the right of rescission of the owners' meeting,the right of rescission of the owners' committee,the right of rescission of individual or partial owners,the qualification management of property service enterprises and its impact on the effectiveness of the contract.Through empirical analysis and type case analysis,this paper analyzes the cases caused by property service contract disputes,abstracts the dispute focus of the case,and summarizes the relevant judicial opinions.The third part expounds the legal attribute of the right to rescind the property service contract.Mainly through the analysis of the two categories of the general theory of "the theory of entrustment contract" and the judicial classification of "the theory of service contract",this paper concludes that the property service contract is actually a comprehensive entrustment contract concept,and then gives some suggestions on legislation.The fourth part describes two special property service contracts.This paper mainly analyzes the relevant cases of the early termination of the property service contract and the termination of the indefinite property service contract.Combined with the cases,it abstracts that the court's judgment view on the two types of property service contract disputes actually enjoys the right of arbitrary termination.The fifth part expounds the contractual obligations after the termination of the property service contract.This part mainly expounds the post contract obligations including returning the property management fee paid in advance by the owner,continuing to deal with the property management affairs and properly handing over.The sixth part is about the countermeasures and suggestions of regulating the rescission of property service contract.Mainly through how to improve the legislation,how to strengthen the implementation mechanism,how to introduce diversified solutions to deal with property service disputes,how to intervene in property disputes by judicial organs.