Study On The Right To Defense In Performance Of Property Service Contract

The Property Service contract is a new contract which refers to the Owners’ Committeeon behalf of the owners and signed Property Services Companies for the provision of PropertyServices paid by the owner of the property service charge. It belongs to the bilateral paidcontract that has the core rights and obligations to pay property expenses and the provision ofProperty Services which provides the legal basis for the contact of both sides to exercise theright of defense With the particularity of The Property Service, highlighted the disputesarising due to the exercise of right of defense in practice, therefore, how to apply the right ofdefense correctly is worth discussing.In addition to the Introduction, this paper consists of five parts. The first part is the legalanalysis of property performance of the contract right of defense. First of all, it analyzed theparticularity of the property contract from three aspects: the nature of the Property ServicesContract, the subject of the contract and the object of the contract. Property services contractsare neither contract law in sub-rules of the commission contract, nor is it generally unnamedcontract, but a new unnamed contract; the main body of the property services contractinvolving the relationship of owners, owners committee and the property services business.Property Services Contract subject to public goods, is not easy to measure and persistencecharacteristics. Secondly，construed the legal performance of right of defense. On the basis ofthe principle described the contractual right of defense on the right of defense in the property services contract to perform the process should follow the principle of good faith and theprohibition of abuse of rights principle, the analysis of the main body of the property servicescontract to exercise the right of defense.The second part of this thesis mainly analyzes the type of the right to defense inperformance of property service contract. After a simply analysis of the three types of theright to defense in contract law，this part mainly discuss the types of the right to defense inproperty service contract. Firstly, it expounds several opinions on the type of the right todefense in property service contract in practice. Secondly, comparative analyses are done onthese opinions. And finally determine the right of defense of property services contract belongto the same time fulfill the right of defense, is more conducive to protecting the interests ofthe majority of the owners.The third part is the main part of the article, analysis of the specific circumstances of aproperty contract to exercise the right of defense. In defense systems analysis on the propertyin the contract based on the analysis of the right of defense of property owners, propertymanagement companies Owners’ right of defense is the focus of the analysis, especially theowners’ defense on flaws of the property services business. Firstly, the defense of theproperty contract classification, divided into prophase realty service contract to perform in thedefense of reason and property services contract signed defense. Secondly, the analysis of thedefense of the owners of the property companies, including the defense of the owners of theproperty services business requirements to fulfill the obligation to assist the defense, violations, breach of contract charge of property charges defense, defense of the dissatisfiedcommunity security obligation service and terminated on the property contract, on theproperty management fee request exceeds the limitation of action., and property successors onarrears of property charges defense. Thirdly，emphatically elaborated the owners of propertyservice enterprise service provided flawed refused to pay, less pay property expenses defense.Finally, described the defense of property management company refuse to provide services todelinquent owners.The fourth part analyzes the defense to exercise of the right limit property contract,improper right of defense, including the owners of the remaining issues by the constructionunit defense, the defense of the contract of the previous property, he did not sign the propertycontract to defend, should be use of the property to fulfill their obligations defense, theproperty following the person’s defense，the obligation of assistance and to defend did notenjoy or no services, property management companies delinquent owners to take power,water, gas and defense. On this basis, each not established a defense is reviewed.The fifth part of this thesis provides some propositions to consummate the right todefense on the performance of property service contract. The first focused on to improve theservice standards of our property services companies, combined with the provisions of ourproperty service standards, how to identify the standard of service in the specific operation.Followed by expositions improve our property fee collection system and proposed measuresto improve the property fee charged, and finally sets out the defenses and rational allocation of the burden of proof to improve the property services contracting parties to exercise theright of defense.