Study On Some Problems Of The Contract Of The Estate Service

The contract of the estate service is important because the estate management is based on it. Before 2003, we had no uniform rules about the estate management. We had only the different types of regulations formulated by the different areas. The regulations don't adjust the development of the estate management and requires of the practice in whether the level of the legislation or the contents of the regulations. In 2003, the State Council promulgates the Rules of Estate Management that makes up the blank of the laws in the extent, but the rules about the contract of the estate service are not consummated. There are many problems which lead to disputes about the contract of the estate service and affect the more development of the estate management.I try to set about to the basic theory of the contract of the estate service and introduce the concepts, the law nature and the basic categories of it, so that I can analyze the next problems.In the second part, I discuss the subject of the contract of the estate service. I express how to definite the accepter and the supply of the contract of the estate service through discussing the subjects of the different stages. I approve the regulations about the estate service company and the owner in the Rules of Estate Management and discuss other accepters according to the Estate Law. Because there are no clear regulations about the owner group, I analyze it and think it have some civil rights and can go to law as a procurator.In the third part, I focus on some problems in the content and the performance of the contract of the estate service and advance my suggestions. Firstly, I discuss the clause of style of the contract and the expenses of the estate management. I suggest we should bring the clause of style of the contract into full play, at the same time control its shortcomings. With regard to the expenses of the estate management, I advise the parties should follow the principle that they make the clauses of contract detail and abide by laws so that they avoid falling into disputes. Secondly, I express three problems during the performance of the contract of the estate service. To begin with, I discuss the transference of the contract obligation through analyzing the fortieth article in the Rules of Estate Management. I think the estate service company has no rights on the transference of it. This is the characteristic of the contract of the estate service. Then it is about the legal termination of it. I think it right that the owner can terminate the contract according to the law. I analyze the Estate Law about it and suggest we should judge the right through the ratio of the estate that we own and the all. Furthermore I think the contract of the estate service is a lasting contract that cannot go back to the initialization. After terminating the contract, the parties have the obligation that the estate service company goes on managing the area before the new company arrives and gives the paper on the estate management to the owner group. At last, it is liability for breach of the contract. Except expressing the general principle, I pay attention to some disputes in our life. I choose some typical cases, which are about the obligations that the estate service company should protect the owner's property and body. I analyze them and advise we should regulate the rights and obligations clearly. In addition, I deny the estate service company punishes the owner through stopping power and water supply. The above illustrate it important that we should make the contract of the estate service perfect.My last part is the elite of my paper. I express our current legal situations of the contract of the estate service. The regulations are not very clear so that hinder the development of the estate management. So I suggest the contract of the estate service should be regulated in the Contract Law as a new named contract and it is located after the agent contract, at the same time I advise modify the paper as an example so that the government produces a marked effect in the development of the estate management.In the process of my discussing it, I adopt comparing, giving examples and giving the definition in my thesis. I hope I can try my best to make our legal system perfect.