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Does the owner have the right to unilaterally terminate the property management contract? Why?
According to the property management regulations:
Article 26
The prophase realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty service enterprise takes effect before the expiration of the term, the prophase realty service contract shall be terminated.
Article 21
Before the owners' congress and the owners' congress select the realty service enterprise, the construction unit shall sign a written preliminary realty service contract.
Article 22
The construction unit shall formulate a temporary management agreement before selling the property, and make an agreement on the use, maintenance and management of the property, the interests of the owner, the obligations that the owner should perform, and the responsibilities that should be borne in violation of the temporary management agreement. The temporary management regulations formulated by the construction unit shall not infringe upon the legitimate rights and interests of property buyers.
Extended data:
According to the Contract Law of People's Republic of China (PRC):
Article 94 Legal rescission of a contract
In any of the following circumstances, the parties may terminate the contract:
(a) the purpose of the contract cannot be achieved due to force majeure; ?
(two) before the expiration of the performance period, one party clearly stated or indicated by its own behavior that it would not perform the main debt; ?
(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged; ?
(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract; ?
(5) Other circumstances stipulated by law.
Article 128 Settlement of Contract Disputes
The parties may settle contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or the settlement or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement. The parties to a foreign-related contract may apply for arbitration to an arbitration institution in China or other arbitration institutions according to the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court.
The parties shall perform legally effective judgments, arbitral awards and conciliation statements; Refuses to execute, the other party may request the people's court for execution.
Baidu Encyclopedia-Property Management Regulations
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