Owners Of Property Services Contract Disputes Right Of Defense

In recent years, the friction between the owners and the property services company continues, the property services contract disputes are gradually rising. The property services contract is the main basis for the owner to exercise the right of defense in the property services contract disputes. The owner’s right of defend legitimate exercising is conducive to maintaining the stability of property relations, and promotes the healthy development of the market economic.The property services contract classifies pre-property services contract and general property services contract.These two contract types differ in the subjects of signing the contract, but they both are the basis of the property owner’s right of defense exercises.Meanwhile, because of the persistent and non-metered characteristics of the property services, the property owner’s right of defense is different from the right of defense in ordinary Contract Performance.The property owner’s right of defense classifies At the same time fulfill the right of defense and unsafe right of defense.The property services contract dispute emerges in endlessly, and it is observed by experienced hearing the property services cases that defenses is more concentrated in such cases, which provides a research guideline for the owner’s right of defense exercise.This paper will study on some specific cases of the property services contract disputes, and discuss about institutional issues in the exercise of the owner’s right of defense, finally achieve making comments and suggestions to solve these issues. Six cases of B Municipal Court,which are the material for the empirical analysis, classified on the basis of different defenses and analyzed one by one.By analyzing the status of owner exercising their right of defense, provoke thinking on the current system.On the improvement of the system: for the legislative system, the construction enterprise should improve the hiring system of property service company, clear the scope of the property services company’s safeguards obligation, the scope of “the property owners” and the range of property services’ standards; For the judicial system, the burden of proof should be distributed reasonably between the owners and the property services company, in addition, the mechanism for handling disputes should be improved for the property services contract dispute.