Try Talking About Several Legal Questions Of The Estate Management

"The property" a word is, the meaning which "Estate" or "Property" directs by English to translate comes is "the property, the property, possessor, the real estate" and so on, this is a generalized category. Said from the estate management angle that, the property is refers to each kind of house and its the attached equipment, the facility and the related location. The estate management is refers to the owner through to select the property tube to move the enterprise, by the owner and the estate management enterprise according to the property contract of service agreement, carries on the maintenance to the house and the necessary facility equipment and the correlation location, maintains, the management, maintains in the correlation region the environmental sanitation and the order activity. The estate management main goal is for guarantee with the display property use function, causes it to guarantee the value to rise in value, and uses the person creation and the maintenance for property all people is neat, the civilization, the security, the comfortable life and the working conditions.Since the estate management and the people daily life are closely linked, simultaneously the estate management is affecting the developer, the estate management enterprise and owner's personal right, gathers the bigger economic, not yet fully constructs in now the estate management legal framework in the situation, only depends on in June, 2003 the State Council to issue Estate Management Rule to be very difficult the complete dispute and the contradiction which solves this domain to occur. This article is precisely is under conducts the research in this back to the estate management correlation partial questions, key to the estate management contract nature, the reason which in the reality the dispute produces, the estate management system legislation constructs, two kind of more common disputes solutions make the discussion. Research results as follows: First, estate management contract although generally by estate management contract of bailment appearance, but investigates its essence to be supposed to belong to the contract of service, because like thinks it for the contract of bailment when estate management enterprise with third person of let a contract, the owner still had to fulfill the payment and the assistance duty, this obviously haddisobeys the establishment estate management system the original intention; Contract of bailment both sides may relieve the request as necessary, if will apply mechanically the contract of bailment definition inevitably to create the property company short-term behavior, will be disadvantageous stably develops to the property company health; In the practice, the overwhelming majority estate management implementation is responsible until completion the charge but the non- remuneration for services rendered system charge, in this point and the contract of bailment the trustee must pay the processing request business to the bailee the expense, the reward must defer to the agreement or the custom separate payment also has is very greatly different.Second, increases year by year the estate management dispute question is the real estate enterprise develops, investigates its reason nothing more than following several aspect which in the prosperity process follows appears, the estate management law system does not construct all is its most basic reason; Simultaneously "constructs the tube does not divide" the legal system also is initiates the dispute the root; The estate management contract both sides litigants' flaw, in the property company aspect role dislocation, manages not standard; Displayed in the owner aspect for the expense consciousness lacks, sinks Burma to the past that kind of planned economy time room tube type management.Third, constructs the question about the estate management system legislation, according to our country property legislation advancement and present situation, also may consider at maintains under each place rules and regulations valid premise, joins the estate management "City Shop facing the street City Management Law" in a chapter, also may the long term plan, adopt the specific law pattern. Now the world developed country estate management legislation style, has the civil law pattern and the specific law pattern, because the estate management legislation all has the certain human factor, does not have for the civil law pattern, also has a bigger superiority, considered from the legislation present and the long term factor, conforms to our country national condition, also conforms to the estate management goal.Fourth, in the reality the estate management connects with the dispute and the owner arrears initiation dispute occupies the property dispute the very great proportion, the estate management connects with the dispute to occur has its specific reason, the essence for does not turn over the propertyauthority, the solution dispute way has the consultation, the mediation, processes, the arbitration and the lawsuit by the government department concerned. The standard connects with, the legislation aspect may explicitly stipulate connects with the deadline, the item as well as related expense criticizing, entrusts with the owner under the certain condition to relieve the contract right which the developer foreign represents it to sign, arrears is puzzles the estate management enterprise a fundamental question, arrears reason nothing more than following several: jumbles together the developer and the property company; Between the owner the neighboring relational slight defect creates arrears; Thought the property company serves does not arrive, the owner exercises Contract Law 68th restlessly protest the power; The American property plot safeguards the owner to fulfill pays expenses the beneficial procedure which the duty has quite multiple-valued us to profit from, is concrete is the owner arrears starts Japan to get up the first three months to adopt increases progressively in turn the severe degree notice, the third month the letter shape reaches by attorney informs the owner like not immediately pay arrears, the owner association to its real estate hypothesis real estate keeping bureau power, attorney will begin will go through the related formalities and at the suitable time to the court to file the lawsuit. Our country lawsuit retrieves arrears should pay attention processes the good limitation of action and the lawsuit requests two questions. The property company do not have for a long time to tow to the owner arrears question not definitely, may consider adopts the express way to deliver to the owner presses for payment the list, and various types which provides in the express company unite mark the letters content. If both sides makes in the property contract of service to the fine for delayed payment or the penalty standard agreement which exceeds the time limit, but according to the above proposes the fine for delayed payment or the penalty request; Otherwise, in the ordinary circumstances, the court the fine for delayed payment or the penalty request which proposed to the property company does not give accepts. Spirit damage compensate proposed which to the owner, in has not created the serious consequence under the premise, the spirit damage compensate request generally does not give the support.