The basic principles of the realty service contract include

The basic principles of the realty service contract include:

(A) the principle of equality of subjects

The parties to a contract have equal legal status, and one party may not impose its will on the other. Any civil subject is also equal in legal personality, enjoys independent personality and is not subject to domination, interference and control by others. Only when the parties to a contract are equal in personality can the legal status of the parties to a contract be equal. Equality between parties to a contract is the inevitable premise and product of commodity economy, and it is also the basic requirement of socialist market economy for transaction order and economic order.

(B) the principle of voluntary contract

The parties have the right to voluntarily conclude a contract according to law, and no unit or individual may illegally interfere. The principle of voluntary contract, also known as the principle of freedom of contract, refers to that the parties voluntarily or freely conclude a contract, choose the contract method, decide the contract content, and modify and interpret the contract. The implementation of the principle of voluntary contract does not exclude the appropriate restrictions on contracts by the state.

(3) the principle of fairness of rights and obligations

The principle of fairness adjusts the interest relationship between the parties to a contract, limits the abuse of the principle of voluntary contract, and requires formal fairness and substantive fairness. The substantive fairness of a contract means that the rights and obligations of both parties must be roughly equal. For "overlord contracts" and "format contracts" that are obviously detrimental to the rights and interests of the other party in obviously unfair, the parties have the right to request the court or arbitration organ to cancel or change them.

(D) the principle of good faith

Also known as the principle of good faith, it is the most basic principle of civil law and contract law. It means that the civil subject should be honest and trustworthy, exercise rights and perform obligations in good faith, and must not commit fraud. This principle has three functions: determining rules of conduct, balancing conflicts of interest, and interpreting laws and contracts.

(five) abide by the law and safeguard the principle of social welfare.

When concluding and performing a contract, the parties shall abide by laws and administrative regulations, respect social morality, and shall not disturb social order or harm public interests. This is the basic principle of social life.