Court of jurisdiction of service contract

1. Can the court under the jurisdiction of the realty service contract agree?

According to the provisions of Article 23 of the Civil Procedure Law, a lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. Jurisdiction over disputes over property service contracts. If there is an agreement in the contract, the agreed jurisdiction shall apply; If there is no agreement, it shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.

2. What are the main contents of the preliminary realty service contract?

1, parties to the contract

The parties to a realty service contract are the construction unit and the realty service enterprise, among which the construction unit and the realty service enterprise are generally legal person organizations.

2. Basic information of real estate

The basic information of the property includes the property name, property type, location and construction area.

3. Service content and quality

Services mainly include: operation, maintenance, maintenance and management of * * * parts and facilities of the property; Environmental management of * * * part of the hotel and related places; Vehicle parking management; Assist in managing the maintenance and safety of public order; Property decoration management services; Property file management and other management services agreed by both parties.

4. Service charge

The service fee includes: the charging standard of the property service fee and the charging agreement mode (contract system or gratuity system); Property service fee items; Payment of property service fees; Under the condition of salary system, salary accrual method, service fund income and expenditure announcement and dispute handling, etc.

5. Operation and management of property

The operation and management of the property includes: the charging standards, management methods and income distribution methods of parking lots and clubs; Other * * * use parts of the property use facilities and equipment for operation and management.

6, undertake inspection and maintenance.

The main contents of inspection, use and maintenance include the agreement on the responsibilities and obligations of both parties in the implementation process.

7, special maintenance funds

The main contents of special maintenance funds include the deposit, use, renewal and management of special maintenance funds.

8. Liability for breach of contract

3. What materials are needed for the filing of the preliminary realty service contract?

1. Application Form for Filing Pre-Property Service Contract (automatically generated after filling in the information).

2. Pre-property service contract.

3. The identity certificate of the person in charge of the project, the labor contract between the person in charge of the project and the construction unit, the original social insurance payment certificate, the post certification materials of the person in charge of the project and the assessment certificate.

4. Summary of the property service cost assessment report.

In addition to the original, all the above materials shall be submitted in copies (A4 paper), stamped with the applicant's seal and submitted together with the original, and the original shall be returned to the applicant after verification. That is, inform the filing form of the previous property service contract (4 originals received); Bid-winning record form (original inspection, received 1 copy); Pre-property service contract (original 65438+ 0 copies received); Business license (original and duplicate) and property service enterprise qualification certificate (1 one copy each, and the original inspection); General plan of building zoning (original inspection, received 1 copy); Business license (original and duplicate) and qualification certificate of the construction unit (1 copy for original inspection); Planning permit and land use certificate (each 1 copy); List of public facilities and equipment (original received). The property service provider and the owners' committee may reach an agreement on the jurisdiction court of contract disputes.

Legal objectivity:

Article 23 of the Civil Procedure Law: A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. Article 34 of the Civil Procedure Law: The parties to a dispute over a contract or other property rights and interests may, by written agreement, choose a people's court such as the defendant's domicile, the place where the contract was performed, the place where the contract was signed, the plaintiff's domicile and the location of the subject matter. It is actually related to the dispute, but it shall not violate the provisions of this law on hierarchical jurisdiction and exclusive jurisdiction.