•  
  •  
 

Abstract

The realty (real estate) management of ownership of buildings includes the owner (homeowner) entrust-management and the owner self-management, the former through the way of realty service contracts, the latter through the resolution of the owners’ assembly and the owners’ committee. The legal disputes of realty service contracts involve balancing interests among the realty service enterprise, individual owner, and all the owners. We should use dynamic balancing of the interests of the three parties to implement the interests of the win-win cooperation rather than the interests of the trade-off of “all or nothing.” The realty service contract is similar to the entrustment contract, both of which are based on the owners’ entrustment. The duty to provide realty service is not simply equivalent to fiduciary duty. The realty service contract has the essence of both behavior debt and result debt. For the former, the general provisions of the entrustment contract can be referred to, and for the latter, the general provisions of the contract for work can be referred to. In view of the group characteristics of the realty service contract, owners have no right to terminate the realty service contract at any time but should obey the principle of due process and take the majority mechanism to make a dismissal resolution resolution. The resolutions and management stipulations worked out by the owners’ assembly in a majority mechanism, both of which belong to resolution behavior and are legal tools of the owners’ autonomy, shall be binding on all the owners. The relationship between the owner, the owner’s assembly, and the owner’s committee is similar to the fiduciary relationship. If the decision made by the owners’ assembly or the owners’ committee and the management stipulation infringes upon the legal rights and interests of the owners, the injured owner has the right to revocation litigation. At present, residential commodity owners have a relatively low degree of autonomy in China, and legal disputes over realty services are frequent. In the future, we need to perfect the legal incentive and constraint measures, and stimulate the vitality of owner autonomy to promote better implementation of the owner self-management and owner entrust-management.

DOI

http://dx.doi.org/10.19873/j.cnki.2096-0212.2022.06.006

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.