Deficiency And Perfection Of Property Service Contract In Civil Code

On May 28,2020,the third session of the 13th National People’s Congress voted and adopted China’s first law named after the code,the civil code of the people’s Republic of China.The special chapter of the third part of the contract stipulates the property service contract as a typical contract.This chapter defines the property service contract,the contents and forms contained in the property service contract,the effectiveness of the property service contract between the parties The rights and obligations of property service providers,the rights and obligations of owners,the renewal and dissolution of property service contracts and other contents have made detailed provisions.Compared with previous property management provisions,such as the property management regulations and the interpretation of several legal issues on the specific application of hearing property service dispute cases,these provisions in the civil code are more systematic and complete,which better respond to social concerns,It provides a legal basis for resolving disputes over property service contracts,which is of great historical and practical significance for promoting the reform of property services.At the same time,we should note that the inclusion of the provisions of the special chapter of the property service contract in the contract compilation into the category of famous contracts does not mean that the reform task of property services has been completed,and some provisions are more principled,There are still some issues of concern to the society that have not given a direct response.It is necessary to formulate the supporting legal documents in judicial practice,and learn and absorb the relevant provisions of Britain,America and other countries to improve them.Therefore,the road of property service reform and the construction of the rule of law is still arduous and long.The author’s research aims to explore the relevant provisions of the property service contract in the civil code,summarize and analyze the phenomena and causes of disputes caused by property service in practice,and learn from the property service system of other countries and regions,so as to put forward solutions to the improvement of the property service contract,so that the provisions of the civil code can better solve a large number of property disputes in real life.This paper is divided into four chapters in structure.The first chapter mainly interprets the provisions of the civil code on China’s property service contract and the innovation of the previous rules.The second chapter mainly analyzes the unclear aspects of the regulation of the property service contract in the civil code from the practical level,mainly including the unclear legal status of the subject in the property service contract,the defects in the regulation of the early property service contract,the vague provisions of some rights and obligations,the owner’s arbitrary right to terminate and so on.The third chapter is to absorb and learn from the provisions of foreign property contracts,take their essence and discard their dross.The fourth chapter is to put forward relevant suggestions for the deficiencies raised in the second part,mainly including further clarifying the legal status of both parties in the property service contract,supplementing the contents of the previous property service contract,and further clarifying the rights and obligations of the parties to the property service contract,Improve the rules of the owner’s right to terminate at will,in order to better balance the basic rights and interests between the parties,better solve the common property disputes,and create a harmonious and happy living environment.