Research On Property Service Contract In Civil Code

In the process of China’s gradual transformation from the traditional rural society to the modern urban society,the property service industry from the germination to the rapid development,which has an important impact on all aspects of the owner’s life.Nowadays,professional property service people are favored by more and more owners.Property service involves a large number of owners,the complex content and inconsistent standards have caused many property service contract disputes.The owner and the property service person are common contradictory in life.The property service contract,as the cornerstone of the civil legal relationship between the owner and the property service person,is very important to guide and restrain the behavior of both parties in the civil legal relation.The twenty-fourth chapter of the Civil Code of the People’s Republic of China（hereinafter referred to as "Civil Code"）stipulates the property service contract as a famous contract,reflecting the legislative level and providing a better basis for judicial judgment,but there is still room for improvement.This paper launches the research on the property service contract of Civil Code from the following four parts.The first part analyzes the value of property service contract in Civil Code as a famous contract.Based on the value analysis,the second part analyzes the cases of property service contract disputes which are adjudicated by Civil Code,aiming to summarize the types,causes and judgment views of property service contract disputes at the present stage.By studying the application status of property service contract provisions of Civil Code,the third part analyzes the specific provisions of property service contract in Civil Code,and analyzes the need to improve the provisions of property service contract in Civil Code of China.It mainly includes unclear legal status of the subject of the contract and other provisions of the manager,unclear provisions on the rights and obligations of the parties,inadequate protection of the owner’s right to know and right of defense,unreasonable provisions on the right to terminate the contract and so on.The fourth part of the Civil Code property service contract provisions of the shortcomings of the relevant suggestions,in order to improve the legal provisions,balance the interests of the parties to the contract,promote the realization of the purpose of the contract.It mainly includes clarifying the legal status of the owner’s contract subject,protecting the owner’s right to know,detailing the conditions for the owner to exercise the right of defense,stipulating the legal termination period of the early-stage property service contract,limiting the content of the standard terms,and filing the early-stage property service contract,etc.