How to identify the factual contractual relationship

First, how to identify the factual contractual relationship.

1. The way to identify the factual contractual relationship is as follows:

(1) First of all, after the expiration of the previous property service contract, the property company continued to provide property services, which were accepted by the owners, forming a de facto property contract relationship;

(2) Secondly, there are objective facts about the actual performance of the property service contract. The actual performance of a contract means that one or both parties have fulfilled the main obligations of the contract with their own practical actions and the other party has accepted it;

(3) When the de facto property service contract is finally established, the property management fee shall continue to be paid according to the original agreed standard.

2. Legal basis: Article 41 of the Property Management Regulations.

The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

Article 44

Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

2. What are the conditions for the establishment and effectiveness of the contract?

1, the actor has corresponding capacity for civil conduct;

2. The meaning is true;

3, do not violate the mandatory provisions of laws and administrative regulations, do not violate public order and good customs.