Study On The Exercise Of Owner’s Right Of Defense In Realty Service Contract

Since the reform and opening,urban residential areas have been commercialized gradually,and the disputes about realty services are also increasing.The naming of realty service contract in the civil code reflects the universality of such disputes.Most of the cases are that the realty service provider sue the owners to recover the realty service fee.However,the realty service provider often exercise the right of defense on the ground that the realty service does not meet the requirements,which is easy to hinder the realty service enterprises from normal operation and management of the community.Finally,other owners will also be affected by this.Based on this,this paper firstly emphasizes the importance of the principle of good faith,and then expounds the legitimacy basis of the owners’ committee and individual owners to exercise the right of defense in the contract,and demonstrates the advantages of adopting the dual subject defense mode.Then,this paper proves the types of the owner’s right of defense through empirical analysis,including but not limited to simultaneous performance of the right of defense,and analyzes the atypical application of the owner’s right of defense derived from the setting of multiple settlement periods in the realty service contract,so as to provide theoretical support for the next study on the exercise of the right.The fourth chapter and the fifth chapter respectively focus on the judgment disputes of the owner’s right to defense against defects and the right to defense against limitation.On the one hand,they discuss the determination of justifiable causes and the application of price reduction liability.On the other hand,they reveal that behind the conflict of judgment on the starting point of limitation of action,there is not only a lack of accurate understanding of the debt of regular payment,but also a trial philosophy that tends to protect the realty party,in order to solve the realty disputes.