The pace that changes as town is accelerated, more and more people become a village " owner " , to it of emerge as the times require is " property " . Ferial in, property offers property to serve for owner, owner pays property fee to property, but because serve quality, rate, contract to sign,wait for an element, dispute frequency is sent between property and owner, especially since 2015 apparent increase, accumulative total hears dispute of contract of first instance property 4241, case amount appears on whole cost of much, lawsuit is high, involve group range wide, owner loses a lawsuit the characteristic with high rate.
Today
Issue of trade of court of intermediate people of power sea city tries the first,
The 4th group will say to everybody
Of property and owner those " enemy of affection of kind and enmity "
Will quickly understand!
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Owner: I do not sign the contract, not pay money!
Property: The court sees!
Wang Mou is the owner of village of lacteal Shan Mou, because default,expended 938.6 yuan to the property November 2016 in October 2014, be appealed to to come by village property company court. Original, property company and village development business were signed " early days property serves a contract " , but Wang Mou thinks, oneself did not sign a contract with property company, also do not approbate multilayer the residence 0.45 yuan / square metre / lunar rate, so oneself should not pay fee by this standard.
Forensic cognizance thinks, experience case " early days property serves a contract " business of department village development and property company are signed, content is lawful and effective, to Wang Mou inside village owner has sanction. Property company fulfilled property to serve obligation, wang Mou ought to be pressed hand in property to expend about, its do not hold water with granting to hand in reason for blame contract party, adjudicate 938.6 yuan to Wang Mou pays the property that default fee.
Group statement
" top people court serves dispute case about trying property specific application law the explanation of a certain number of problems " regulation, the early days property that builds an unit to serve an enterprise to sign with property lawfully serves a contract, and the property that owner committee and owner congress choose the property that hire to serve an enterprise to sign lawfully serves a contract, have sanction to owner, owner is not what counterplea puts forward for contract party with its, people court does not grant to support.
The judge reminds, although owner is not " early days property serves a contract " the sign person of formally, it is this contract however the person be enjoyed actually of next right obligation and undertaker, as long as the contract is lawful and active, owner ought to pay property fee by contract agreement.
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Owner: The service is poor, do not pay fee!
Property: Do you say difference is poor?
Live in the Chen Mou of link green division, because default,expended 1523.06 yuan to the property March 2018 in April 2016, be appealed to to come by village property company court. Original, the service that Chen Mou thinks property company is offerred does not reach the designated position, did not provide the service that accords with contract agreement, reject cost of sum pay property so. Find out via cognizance, property company exists to did not keep clear of regularly by contract agreement really fireweed, sundry, not right conserve of arboreous and lawn, flowers, fixed clip, public to the village position fails to be cleaned on time wait for a circumstance, the village defends a circumstance to also happen from time to tome without security personnel value.
Forensic cognizance thinks, property service collects fees the principle that ought to follow reasonable, fairness and service level photograph to suit, the property service that this property company provides is in existence flaw more, did not achieve property to serve the service standard that the contract agrees, adjudicate Chen Mou according to the standard of 70% to pay property company to hand in came in April 2016 property expended 1066 yuan in March 2018.
Group statement
In trying practice, because malcontent property company serves quality, owner to default property to expend those who cause dispute to occupy,compare highest, but the court decision loses a lawsuit for owner more as a result, investigate its reason: On one hand, the quality standard that property serves should serve a contract to make clear an agreement by property, the administrative service that owner ought not to provide with property company does not accord with his demand, the service quality level that he maintains is reason and perhaps default property cost, wanted property company to provide basic service only, owner ought to pay property fee; On the other hand, evidence is the key that the fact holds in adjudgement, owner serves existence flaw to have quote responsibility to property, but because property service has time durative and cannot the characteristic such as metric sex, owner cannot prove according to a piece of photograph property serves to be put in quality problem continuously only, accordingly, owner should pay attention to evidential collection and reservation, provide strong evidential support for lawsuit.
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Owner: By what to close " fine for delaying payment " ?
Property: Wrong, be " penalty due to breach of contract " !
Because the Zhang Mou that lives in classics area defaults property cost to be appealed to to come court, property company asks Zhang Mou is divided outside paying to expended 1923.5 yuan to the property during September 2017 in January 2017, still need according to the contract " exceed the time limit was not handed in daily pay overdue fine by the 3 ‰ that should pay fee " the agreement pays overdue fine 1754.2 yuan, add up to 3677.7 yuan. Zhang Mou thinks, although default property cost to belong to solid, but fine for delaying payment is administrative punishment, property company has no right collection, and the standard that the contract agrees is exorbitant, the court ought not to support.
Forensic cognizance thinks, bilateral contract agrees " fine for delaying payment " essence is penalty due to breach of contract, zhang Mou defaults property cost to make break a promise, zhang Mou ought to pay property cost and penalty due to breach of contract to property company according to contract agreement, but the penalty due to breach of contract that agrees in the contract is beyond the mark the actual loss of company of prep above property, via forensic mediation, both sides agrees to adjust penalty due to breach of contract it is 100 yuan.
Group statement
Fine for delaying payment is administration one kind when punish is carried out in be being carried out compulsively, it is a kind of administration coercive action, in the course that can produce in force of national exercise public right only, but the both sides of property service contract is owner and property company, it is equal principal part, use in property service contract " fine for delaying payment " one word is inappropriate. In this case, although the contract is medium,those who use is " fine for delaying payment " , but understand according to contract clause, owner hands in property in nonperformance when cost is compulsory, need to press the money that pays property company certain amount about, investigate its essence fact is " penalty due to breach of contract " . The property that accords with contract agreement was offerred in property company after the service, zhang Mou has the obligation that pays property to serve expense on time, its did not fulfil this obligation on schedule, ought to pay penalty due to breach of contract according to the agreement of the contract.
In the meantime, basis " top people court about contract law of applicable < People's Republic of China > the explanation of a certain number of problems (2) " the 29th regulation, the penalty due to breach of contract that party position agrees is exorbitant the request gives proper reductive, people court ought to be a foundation with actual loss, the fulfilling of contract of give attention to two or morethings the fault degree of circumstance, party and anticipate the integrated element such as the interest, give according to principle of fair principle and honest credence measure. Accordingly, integrated this proposal is specific circumstance, the court accepted Zhang Mou's exorbitant to penalty due to breach of contract position, give lawfully adjust.
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Property: Cost raises, go up property was expended!
Owner: Do you say to go up?
Company of some village property ever was signed with village development business " early days property serves a contract " , the contract agrees this village property expends a standard to be 1.09 yuan / building square metre / month, but because property serves cost to rise, property company decision promotes 1.2 yuan standard of property cost collection / building square metre / month, it is new rate then inside village announcement column paste is fair show. Later, the owner such as Li Mou rejects to hand in property to expend by new standard, property company comes the estate action in chief such as Li Mou court.
Forensic cognizance thinks, property expends rate change to need to decide jointly via owner, home remedy of this property company promotes property to expend rate with paste declared means, violate legal order, 1.2 yuan / building square metre / lunar level is right all village owner such as Li Mou does not produce legal effectiveness, li Mou has authority to hand in property to expend by original standard, reason adjudicates Chen Mou presses 1.09 yuan lawfully / building square metre / lunar level hands in property to expend to property company.
Group statement
Property expends rate to involve the increase of village collectivity owner, according to " matter right law " the 76th regulation, about share the other and major item with joint management right to be decided jointly by owner, the owner that ought to hold majority of building gross area via having a share only and the owner that holds total number majority agrees. In this case, the change that property expends rate is belonged to " about share the other and major item with joint management right " , those who need to obtain afore-mentioned provisions " double over- half " standard, but property company did not hold owner plenary meeting, the owner that also did not acquire legal provision through other form agrees, its are fair inside announcement column shown property cost level is incorrect effectiveness of owner happening law.
The judge sends word
Property and owner are the relation of accrete coexistence originally, both sides is in the process that fulfils a contract, all answer careful treat the right and obligation, active and active fulfil obligation, with the normal movement of function of property of village of this hold together. On one hand, property company wants aggrandizement to serve consciousness, improve level of management ceaselessly, assure to serve quality, strengthen with owner at the same time communicate, promotional each other is believed; On the other hand, owner should cooperate property company actively to strengthen management, pay property fee in time, safeguard property service can run normally, form benign loop.
Group introduction
Issue of trade of court of intermediate people of power sea city tries the first, the 4th group basically is in charge of trying business contract dispute, service contract dispute, contract to do a job contract dispute, entrust cancel of issue of authority of subrogation of contract dispute, creditor, creditor authority issue, conclude a treaty negligence liability dispute close. Group member includes:
First instance sentences a group
Group controller, 4 level are high judge Zhang Yingqiu
Wang Xiaoping of 3 class judge
Ge Jun of 4 class judge is unripe
Li Yanan of judge assistant Xue Shuxian
Shao Xu of clerk Chen Yutong is static
Group of the 4th adjudgement
Palace of judge of group controller, one class founds an army
4 level are high judge Yu Yongzhong
Yu Jing of 3 class judge
Xia Xiaoyun Yun of judge assistant Liuying
Yu Jiao of Yao of clerk Zou tall
Over balance, legal fact fine consider; Under law mallet, just efficiency careful balance. They advocate sincere letter actively to manage, defend market order, safeguard trade safe, promotional wealth of society, write justice to stand fast with major.
