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Property legal advice needs to be clear:

1. The legal concepts of "property" and "owner" must be clarified.

"Property" and "owner" are not legal concepts. In the legal sense, "thing" refers to property (including tangible property and intangible property). For the building, it refers to the "building" called in the civil (private) law, which is tangible property.

The "real right" of a building is the property ownership of the building, including the house ownership of the building itself and the state-owned land use right attached to it in China. Therefore, in the legal sense, property refers to buildings and their ownership; The owner is the owner of this building.

2, must be clear about the legal relationship between the owners of the unit suite.

For all the property owned by * * * *, the owners shall enjoy the rights at home according to their respective shares and bear joint and several liabilities abroad; For the property owned by * * * and * *, the owner has equal rights and obligations for all the property owned by * * * internally, and bears joint and several liabilities externally. It must also be clarified here that the concept of flat (area) is registered in China's housing ownership, while the concept of three-dimensional (including the space corresponding to the housing use area) is legal.

3. The relationship between civil autonomy and legislation must be made clear.

Civil autonomy refers to freedom of contract, and the state and government do not actively and directly interfere in the field of private rights and civil and commercial acts. The state is in the position of formulating "rules of the game" (that is, existing laws) and judging civil and commercial behaviors.

4. The legal types of "property management" legislation must be clear.

Civil legislation regulates the civil and commercial relations between natural persons, legal persons and other civil and commercial organizations with equal civil and commercial subjects; Administrative legislation regulates the administrative legal relationship among the state administrative organs, natural persons, legal persons and other administrative counterparts as the main body of inequality.

China's "Regulations on Property Management" was formulated and promulgated by the State Council. From the perspective of the legislative subject, this regulation can only be an administrative legislation to adjust the administrative relationship between the state property administrative organs and the owners and property companies as administrative counterparts.

5. The subject of "property management" must be defined.

Management is different from civil management and administrative management. For example, China adopts a registration system for real estate ownership, so the registration of houses by the national real estate management department is a kind of property administration behavior.

The main purpose of property management is to uniformly manage the living and working conditions of residents in the community and deal with the security problems in the community. There are many laws related to property management. In property management, the property department should follow the relevant regulations, strictly implement the relevant regulations of property management, and avoid disputes and contradictions in property management, resulting in residential problems for residents.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 1 The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.

Article 2 In any of the following circumstances, the people's court shall support the request of the owners' committee or the owners to confirm the invalidity of the contract or the relevant provisions of the contract:

(a) the entrustment contract that the realty service enterprise entrusts all the realty service business in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

Article 3 If a realty service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people's court shall support it.

The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.

Article 4 The people's court shall support the owners who violate the realty service contract or laws, regulations and management conventions and conduct acts that hinder the realty service and management, and the realty service enterprise requests the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction.

Article 5 Where a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, it expands the charging scope, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charging, the people's court shall support it.

The people's court shall support the owners' request to the realty service enterprise to refund the illegal fees charged by them.

Article 6 If an owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period after being urged in writing, the people's court shall support the property service enterprise in requesting the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owners' defense on the grounds that they do not enjoy or need to accept relevant property services.

Article 7 If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people's court shall support it.