Job Recruitment Website - Property management - What is illegal property subcontracting?
What is illegal property subcontracting?
1. Is it illegal to subcontract property services according to regulations?
It is not illegal to subcontract property services, but the property service provider shall not entrust all the property services it should provide to a third party, or dismantle them and then entrust all the property services to a third party.
civil law
Article 94 1
Conditions and restrictive clauses for entrusting property services Where a property service provider entrusts a specific service within the property service area to a professional service organization or other third party, it shall be responsible to the owner for the specific service.
The property service provider shall not entrust all the property services it should provide to a third person, or entrust all the property services to a third person after the demolition.
2. What are the conditions for the subcontracting of property services to take effect?
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
3. What are the basic contents of the property service contract?
1, the basic situation of the parties and the property, mainly to confirm and record the qualifications of both parties and the basic situation of the property management activities.
2. Rights and obligations of both parties.
3. Property management service and service quality.
4. Standards and collection methods of property management service fees. Property management contracts are all paid contracts, so the price and remuneration clauses are natural main clauses.
5, the use of property management services, management and cost sharing methods.
6, maintenance fee collection and terms of use.
7. The term of validity of the contract, the termination of the contract and related matters after the termination of the contract are mainly the transfer of real estate information.
8. Liability for breach of contract and dispute settlement methods.
9. Other major clauses agreed by both parties according to specific conditions.
Four, what are the legal characteristics of the property service contract?
1. The property service contract is a civil contract based on equality and voluntariness.
2. Property service contract is a special entrustment contract.
3. Property service contract is a contract with labor as the subject matter.
4. Property service contracts are agreed contracts, paid contracts, bilateral contracts and compulsory contracts.
Property service subcontracting is not illegal as long as it conforms to the national legal system. However, for property service companies, in the process of property service, some legal consequences arising from entrusting some special services to a third party are still borne by the property service companies, which are responsible to the owners for the subcontracted matters.
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