| In the case of the property service enterprise appealing to the owner to pay the property service fee,the owner defends that the property service enterprise does not perform or does not fully fulfill the contract obligation,and more and more cases are required to refuse or pay less.Due to the lag of the law and the particularity of the subject and content of the property service contract,the judicial decision is chaotic.Based on the theory of defense right and liability for breach of contract in contract law,it can be seen from the analysis of judicial cases that the system of deducting property service charge is the most suitable for the current situation of our country when there is a breach of contract behavior in property service enterprises.Therefore,first of all,the reasons for the owner's defense should be further clarified.Second,industry standards should be adopted before the establishment of national standards for property services as the quality standards for property services.Finally,according to the property service quality standards,distinguish the three levels of default,minor,serious,and fundamental,and then determine the proportion of deductions for property service fees.In addition,after studying the property system of the United States,Japan and other countries and the owners' autonomous organizations,it is found that different from the property service enterprises in China directly charge property service fees to owners,most of the extraterritorial countries are collected by owners' autonomous organizations from owners,which has certain mandatory and statutory nature.China can also draw on this system,on the basis of defining the civil subject status of the owners' committee,the owners' committee can collect the property service fee from the owners,exercise the right of defense to the property service enterprises,and at the same time,it can also give the owners' committee the function of mediation to develop a diversified dispute resolution mechanism. |
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