Research On Legal Issues Of Owners’ Defense Rights In Property Service Contracts

With the continuous development of the economy and society,the lifestyle of Chinese residents is gradually changing,and the field of property services is gradually developing and expanding.In Chapter 24 of the Civil code,the property service contract is standardized as a typical contract with 14 articles.There are many innovative highlights and progress,which have solved some traditional property service disputes,reflected the importance of the property service field,and symbolized the establishment of the property service legal system.However,in practice,there is still room for improvement in the relevant laws and regulations in the property field,taking the owner’s right to defense as an example,in adjusting property disputes.This article mainly focuses on the issue of owners’ right to defense in property service contracts.Through the analysis and summary of typical cases in judicial practice,it extracts three issues:unclear qualifications of owners’ right to defense,unclear legal reasons,and the exercise of legal effects.Through a logical closed-loop system of subject,cause,and effect,it analyzes and proposes improvement paths.Firstly,in the issue of subject qualification,the issue of exercising subject qualification between a single owner and an owner committee was discussed.Through an analysis of the legal nature of the contract subject,it was proposed to clarify the exercise path of the owner’s defense right,grant the owner committee independent legal subject qualification,and explore the establishment of a complementary exercise mode of defense rights between the owner and the owner committee,in order to solve the problem of unclear subject qualification of the owner’s defense right.Secondly,in the issue of legal grounds,issues such as unclear exercise prerequisites and abuse of defense grounds were discussed.Through specific analysis of the scope of exercise defense grounds,as well as quality and procedural defense grounds,specific identification methods for clarifying legitimate defense grounds were summarized and proposed.At the same time,it was proposed to explore the establishment of a third-party supervision and evaluation mechanism The mechanism of restricting the abuse of the right to defense and the method of enhancing the participation of homeowners are used to solve the problem of unclear legal reasons for homeowners’ defense rights.Finally,in the issue of exercising legal effects,through the analysis of the allocation of burden of proof,property service quality standards,defect performance and corresponding consequences,specific measures for reasonable allocation of burden of proof,quantification of contract quality standards and corresponding legal consequences,and expansion of relief channels for owners,are summarized and proposed to solve the problem of poor legal effects of exercising owners’ defense rights.