Buddhist city is close desk of issue of property of 3 years of experience 1622, new old property han

Now morning, buddhist town court of justice holds informal discussion of property dispute case, release " case of 2016-2018 year property tries white paper " . " white paper " analytic buddhist city is close difficulty of the characteristic of case of dispute of 3 years of property, heat, show among them, 2016 - 2018, this courtyard hears property dispute case in all 1622, the estate that take experience 1/4 of the case. Among them, issue of dispute of property service contract, owner cancel authority is type of dispute of case of two big property. Notable is, the issue that because new old property has sex,causes is even more serious.

According to introducing, to in March 2019, buddhist the city zone is in property service company 212, among them inside the area 136, the property outside the area serves an enterprise to establish a branch to be engaged in 76 of property management to buddhist the city zone. To in March 2019, property of buddhist the city zone serves an enterprise to make an appointment with 438 in tubal project, among them residential project 307, blame residence project 131, build the residence to realize property management basically. And in managing a project, significant movement works appoint of the meeting have 95, occupy 30.9% what managing residential project.

Look from case amount, nearly 3 years, buddhist town court of justice hears case of experience estate dispute in all 6699, among them property dispute case in all 1622, 1/4 what occupy gross of house property case about, make one of main kinds of house property case. And look from case processing means and effect, mediation of case of property of court of justice of town of nearly 3 years of buddhist, nolle prosequi, by nolle prosequi processing in all 814, tone is removed rate for 50.2% .

Buddhist town court of justice civilian chief expresses related 4 front courtyard, "Because property serves a contract to fulfill the dispute of generation,property case great majority is, especially property of pursue and wipe out expends dispute. " from the point of brief of a case, in 1622 cases, property serves contract dispute to be 1578, issue of owner cancel authority is 26, other brief of a case 18.

" white paper " show, property serves issue of authority of cancel of contract dispute, owner, for type of dispute of case of two big property. " white paper " point out, except traditional property service company pursues the contract dispute case that incurs property cost outside, experience property is new-style the case appears ceaselessly, if new old property has sex, the owner below type of monetary reward patternmaking sues audit of property company demand, course of study appoint issue of service of income of management sex of items of an account of audit of company of meeting requirement property, consign, property and across of reputation authority issue, cognizance difficulty increases.

"Collect case data nearly 3 years via the analysis, the dispute that because new old property has sex,causes is shown centrally even more heavy. " buddhist town court of justice civilian chief still expresses related 4 front courtyard, because new old property serves an enterprise to change,involve the integral increase of village owner, the debate is greater, initiative of power of dimension of progress of law of together with society, owner rises, after new old property hands over dispute to arise, solve through judicatory lawsuit way make current and commonly used way.

And sentence difficulty to increase to this attune. The reason basically is in, the standard of process rule plasticity related lack. In the meantime, each property runs current buddhist city area, manage a mechanism without active income capital fund, fundamental pattern all serves government of company proper motion for property. And governmental precaution superintends intervening degree finite, intervene after dispute happening more. Additional, dispute solves a mechanism onefold.

" white paper " for property service company and owner offer legal hazard clew and proposal. To owner, " white paper " proposal, aggrandizement law consciousness, accurate and divisional owner is exclusive rights and interests and village are communal interest, the collection that pays attention to evidence is saved; Sober processing answers when encountering experience property dispute, can ask relevant government sector coordinates processing, also but rational lawsuit. In the meantime, establish owner committee actively, support the exercise of owner council powers and authorities of office, avoid to be in a village principal part of lawsuit of the experience when public interest is damaged is difficult.

Serve an industry to property, " white paper " company of proposal property service should make clear oneself fixed position, its are not administrative company, offer property actively to serve however, change manages a concept. Should exert oneself promotes a service quality, serve contract agreement content according to property, avoid to reduce service quality for expenses of cut property cost.

" white paper " return a proposal, the government sector should be built with the party lead, bring into property management social basic level to administer limits, through be being built alone, be built jointly and hang rely on to build wait for a form, fortifier pipe company and course of study appoint the party of the meeting builds the job, compose builds community party organization, line of business appoint meeting and content pipe company 3 drive in all the favorable situation of drive. In the meantime, intervene ahead of schedule and directive and normative course of study appoint company of election, can new old property has sex wait for major item, perfect area, town (street) , house (village) issue of government of 3 class property coachs and mediate a system, build property dispute diversity to solve a mechanism.

Have sex in the light of new old property, " white paper " point out, focal point of this kinds of issue is to should make normative sex program level file. Include committee of owner congress, owner to establish reach election standard; Make anthology hire property to serve company flow standard, enter into an election contest like what serve an industry to property doorsill of admittance of company of service of means, property gives specific provision, choose to awaiting, pattern of aptitude of selected property service company, management make compulsive fair show a system, build demur feedback platform, property of work out village serves pattern contract version; Advocate build village capital gains to combine condominium mechanism, build village money to be able to be registered fair show a mechanism.

Company of some garden property sues owner, ask its pay property fee. The accused argue says, the property service that accuser provides is put in major flaw, administration fee should derate.

Perambulate of spot of classics of buddhist town court of justice, after entrance guard of front door of experience case village blocks attaint, discovery does not have repair, bring about do not need entrance guard to get stuck can optional pass in and out, back door needs to block pass in and out by entrance guard, but did not set security personnel booth, also do not have security personnel go on a tour of inspection, although security personnel room has kinescope monitoring but postern monitoring attaint is short of break. In addition, partial owner quote proves property ever by theft. Accordingly, buddhist town court of justice maintains this property to serve an enterprise to ensure a respect in the safety that is in a village apparent management does not reach the designated position, put in major flaw, cost of property of final court decision drinks to decrease surely 5% .

On Feburary 6, 2018, buddhist town court of justice tries something course of study to manage limited company to accuse some owner defaults case of series of property administration fee. Via checking, this property company did not enter garden of bright and beautiful grand to offer property to serve according to legal process, and in area housing urban and rural construction is mixed irrigation works bureau, course of study appoint when its exeunt, meeting announcement still rejects to exeunt, reject to undertake handing over formalities with new property company, when refuse to budge both sides all calls the police, but this property company still rejects to exeunt, insist to continue to offer property to serve.

Classics cognizance, this courtyard affirms this property company does not exeunt when ought to exeunt lawfully should regard its as home remedy behavior, the loss that produces from this is assumed by oneself by its, namely the property administration fee after owner need not assume his to should exeunt again lawfully.

Answer: Property serves an enterprise not to have property to serve aptitude, property service contract should is effective. Basis " law of right of matter of People's Republic of China " the 81st regulation, owner can manage a building to reach its by oneself accessary establishment, also can entrust property to serve an industry government of person of other perhaps government. Visible, property serves an enterprise to whether have property to serve enterprise aptitude, be not our country law to maintain property to serve the basis of contract effectiveness.

Answer: Cannot. Building quality problem belongs to owner and the building business contract that develop business to fulfill the legal problem of the generation in the process, and the property service contract that property serves cost happening to serve an industry in owner and property concerns in, both belong to disparate legal impact, owner must not defy with building quality problem its serve a contract to should give paid property service cost according to property.

Property service company is common to the building commonly place, common the project such as sanitation of facilities facilities, afforest, environment, security, traffic undertakes maintenance, reparative, service and management, owner or make because property serves an enterprise to manage not to be pooh-poohed to bring about its to afore-mentioned place, project,choose and employ persons is proving without significant evidence actually demesne below the case that the building is damaged, the contract that cannot defy with building quality problem its pay property service fee is compulsory.

Answer: To this type case, property of Lv of take an examination serves an enterprise to whether use up safety to guarantee obligation, according to its fault degree decides its should deny the proportion that assumes liability to pay compensation and responsibility how. Above all, how should company of service of property of the agreement in should examining property to serve a contract fulfill safety to ensure obligation to reach should adopt why to plant measure. Next, examine during owner property have things stolen, property serves an enterprise to whether all guarantee obligation to safety. In this type case, still involve the property loss range that how holds owner.

Interview and write: South Xiao Hua of Li Yunling of reporter Liu Junyan's reporter