The legal basis of the legal relationship of property management
|School||China University of Political Science|
|Keywords||Property Management Property Management legal relationship Condominium ownership Property management internal legal relationship External legal relations of property management|
Property Management Although China has gone through 20 years of development, but not complete due to the imperfect legal system, the property management industry is not up to standard, an increasing number of property management disputes related theoretical research is weak, making the judicial organs in dealing with similar cases often are difficult to manage. The lag of legislation so that we can not rely solely on the establishment of the ways to improve the supporting laws and regulations, to resolve the emerging property management disputes. Research in the existing laws and regulations on the basis of the legal relationship of property management, straightening out the rights and obligations of the parties to the main imperative is to strengthen the study of the basic theory of property management, and the only way to improve the relevant legislation. Preface to clarify the significance of the study property management legal relationship, and that the center of the content of this article is a discourse-based property management to condominium ownership theory the basis of the legal relationship jurisprudence. In this paper, the first part of the focus on discourse and clear legal relations of property management concept that property management is to distinguish between the management of all the buildings, is to distinguish between all owners. Property Management legal relationship is the establishment of a new condominium ownership based on the theory of the unique legal relationship. The participating subjects diverse multiplicity of rights and obligations subject identity and rights constitute indivisibility unique features. In the second part of the basic theory of condominium ownership, condominium ownership is the theoretical basis of modern property management legal relationship. It is distinguished from special composite form of ownership of real estate in the ownership of real estate in general, including the proprietary ownership, a total of decentralization and a member of the right part of the holding of three parts. Exercise of condominium ownership must follow the principle of reasonableness, the priority principle of majority rule, the overall interests and the agreed principle. Condominium ownership is the source of the right of the right to property management, the theoretical basis of the legal relationship of the entire property management, therefore, to explore the legal relations of property management, must be starting from the ownership of the condominium. Reveals the internal relations of condominium ownership and legal relations of modern property management, property management legal relationship is divided into internal legal relations and external legal relationship between two bear on the rights of the parties to the subject of rights, obligations, responsibilities more meticulous combing. Put forward their views on more controversial issues of the owners' meeting and the legal status of the owners' committee and the legal nature of the property management contract, the owners' meetings in line with \to participate in the proceedings, but not independently bear civil liability; owners' committee as the executive body of the owners' meeting with civil entities eligible to participate in the proceedings, nor independent, responsible person to participate in the proceedings on behalf of the owners' meeting. Property management services contract with the commission contract, there are many significant differences, and therefore does not belong to the commission contract. In view of the particularity and complexity of the legal relationship of property management, recommended as one of the famous contract in contract law to be provided.