Research On The Legal Issues Of The Right To Terminate The Property Service Contract Arbitrarily

There are differences in the identification of the right subject and the applicable consequences in the practical application of the right to terminate the property service contract arbitrarily.The reason is that China does not clarify the legal subject status of all owners as a whole,does not distinguish the legal positioning of the owners’ committee and the owners’ assembly in the property contract,and does not clarify the specific role of the voting of the owners’ assembly And the damages for breach of contract and damages for arbitrary termination have not been specifically distinguished.In order to solve the above problems,through the research methods of case analysis,legal hermeneutics and comparative law analysis,this study analyzes the viewpoint of court judgment documents focusing on the right of arbitrary termination of property service contracts in recent ten years,traces the historical causes of the emergence of property service contracts and the theoretical basis of the right of arbitrary termination,and comes to the conclusion that the subject of the right of arbitrary termination of property service contracts is different from other types of contracts,It is closely related to its own nature,that is,the property service contract is accompanied by the popularization of differentiated ownership of buildings,and is widely concluded with the development of national and collective ownership.During this period,the legal basis of the right of arbitrary termination lies in the freedom of contract,the principle of efficiency,the nature of continuing contract and the protection of reliance interests.At the same time,this study compares the fundamental differences between China’s law and the relevant provisions of German,Japanese,French and Swiss laws,This paper demonstrates the root causes of the differences and the provisions that can be used for reference in our country,expounds the root causes of the problems of the application of law,and comes to the corresponding conclusion that there are many legal subjects with the right to terminate the property service contract arbitrarily in our country,but the legal status of each relevant subject and the internal and external relations are not clear,which can be clearly stipulated with reference to some foreign practices,In order to avoid the problem that the subject of exercise is unclear in practice.In addition,before establishing the subject nature of the owner group,it is necessary to further clarify the connotation of the owner and the subject’s right to terminate at any time in legislation.The owner cannot exclude the application of arbitrary termination right in advance with the help of the vote of the owner’s assembly.Under the existing legal framework of China,the owner group with collective nature conforms to the legal subject nature of unincorporated organizations.Among them,it is generally believed that the owner’s assembly or the owner’s Committee itself does not have the subject qualification.Among them,the owner’s assembly is only one of the forms to form the collective will,and the owner’s Committee is the executive organ after the owner group forms the overall will.