Research Of Liability For Breach Of Contract Of Property Service Enterprise

The date of the second national economic census in2010showed that operatingincome of property services industry in China was more than the traditionaladvantages of the entertainment, tourism and other services industry in the first time.Along with the rapid development of property services, property services disputes arebecoming increasingly prominent. Because of the serious imbalance of informationand economic strength between the owners and property services companies, liabilityfor breach of property services companies become the most complex propertydisputes, a focus of the most difficult to determine. In order to regulate the management behavior of property service enterprises, and ease the contradictionbetween the companies and the owners, the State Council issued the" propertymanagement regulations" in2003. Later in order to further clarify the propertyservices..In2007August, the State Council revised the" property managementregulations" It gave a new definition of the relationship of property services and theowners of the general assembly. In2009May, the Supreme Court issued the" SupremePeople’s Court on the trial of disputes over realty services issues concerning thespecific application of law interpretation",and the local government also enactedrelevant adjustment of property services companies and the owners of the regulationsof legal relationship. All of them were used to effectively regulate the property services operation. But in the property service enterprise’s liability for breach ofcontract specifications still exist many problems and shortcomings. For example, can the meeting of owners and owners Commission file a lawsuit with their own name inthe property service enterprise’s breach of contract lawsuit? How to treat the nature ofthe realty service contract? How to define the security liability limits of propertyservice enterprises? How to treat the vehicles custody agreement between the ownersand property services companies? In such a background, this paper selects theproperty service enterprise’s liability for breach of contract as the object of study. Itgrabbed many controversial issues in the theory and practice to discuss.This text is divided into four parts, about24000words:Through to describe the legal characteristics, the elements constitution as well asthe theory of property services contract of realty service enterprise of the liability forbreach of contract, the first part summarized the basic theory about it. The second part studied the relative litigation subject of the property serviceenterprise liability for breach of contract. The litigation subject qualification of theowner, the owner congress, the owners’ committee is always the focus of debate inproperty management services in property dispute lawsuit. Through to analysis thelegal status and being as the parties of legal theory of them, it described how todispute their subject qualification of the realty service enterprise responsibility in thelitigation.The third part is typification research of realty service enterprise responsibility.This part is also the core of this paper. Through to the refinement of the realty serviceenterprise default situation, this part selected four default situation which are the mostcontroversial and the hardest in practice to analysis carefully. It cleared that how todefine the liability of property service enterprise in this four cases.The forth part is the prevention of service enterprise responsibility for breach ofcontract. Through to the introduction of realty service enterprise in the United States,Japan and other developed countries abroad, it expounded the shortage and preventionof realty service enterprise responsibility for breach of contract.This article will be written from the theory of realty service enterprise liabilityfor breach of contract. It elaborate from many aspects like property service contracts, the main action for breach of property management companies, breach of contracttypes and related systems and improvement of relevant theory, practical problems. Especially through to collect and read a large number of property service dispute casein various ways, I Summed up the most controversial and difficult type of propertyservice enterprise default, then analysis them. Due to limited space and the shallowtheoretical basis of mine, there are many questions of the property service enterpriseliability for breach of contract to be studied.