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Property management contract basis Issues
Author: ShangZhiQiang
Tutor: ChangJian
School: Central China Normal University
Course: Economic Law
Keywords: Property Management Contract Real estate Laws and regulations Rights awareness Owner
CLC: D922.181
Type: Master's thesis
Year: 2008
Downloads: 333
Quote: 0
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Abstract
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In recent years, along with the housing system reform and accelerate the commercialization process, our property management industry gradually developed, especially in urban city residential real estate professional, scientific and modern management of the process to be more substantial progress, the masses living and working environment can be greatly improved. At the same time, property management has become an emerging employment to absorb a large number of service industries, contains a huge opportunity and good prospects for development. However, our property management industry, after all, has just started, and the prevalence of the real estate market \Property management as a process in which businesses and property owners an important basis for the relationship management contract is to become the focus of conflicts and the carrier. Property management contract means for housing property management companies and ancillary facilities, equipment and related renovation, maintenance, management, and maintenance-related areas of environment, health and order, the owners pay the cost of the contract. In this paper, the basic theory of property management contracts Through analyzing mature foreign property management market situation and trends, based on our current property management contract disputes types and causes of our property management contract proposed legal regulation. Zhu Wen is divided into four parts. The first part of the basic theory of property management contracts. Through the concept of property management contracts and types to summarize; reveal the legal characteristics of the property management contract, which is a civil contract property management contracts, service contracts, and property management services contract is double, paid into a contract and promise to type contract; property management contract for the definition of the legal nature, I suggest that the property management contract as a separate contract included the famous \resolve conflicts and disputes in practice; Meanwhile, property management contracts that constitute the main body of the subject and content of the three major elements of the study. The second part of the foreign property management status and trends, and on this basis to extract the Foreign Property Management legislative experience. Through the world's mature property management market for comparison analysis reveals today's property management simple management model has shifted toward knowledge and information-oriented direction, that is people-centered, to improve the human work and life quality, increase property values ??as well as the sustainable development of human society as the goal. The third part of the country that currently exist in the property management contract disputes. Based on the reality of our country, summarize, summarize our current property management specific type of contract disputes, and property management contract dispute analysis of the causes of interpretation. The fourth part of the property management contract of legal regulation. Property management should improve the legal level, the property management contract for the famous contract to redefine the concept of property services contract; property management contract should be clearly subject, the actual use of the property while recognizing the legal status of progressive, owners of corporate bodies; should detailed contents of the contract property management, so that further clarification, transparency and the promotion of stable and property management industry, healthy and sustainable development. I believe that: property management contracts in practice, contradictions and conflicts arising largely from property management imperfect laws and regulations. In this regard, it should adjust the positioning of the property management law, dominated by the government turned to the owners of autonomy mainly to legal recognition and protection of the owners in the form of autonomy. In addition, the contract should also be oriented property management practices, improve property management regulations, property management contract to fill the legal status of the main types of property management contracts kind of content, a clear division of responsibilities of property management laws and applicable legal basis. The only way to solve the property management contract practice of deep-seated contradictions and maintain the property management market fair and just order.
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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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