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The principles of civil litigation of property management disputes are as follows
The legal principle of dealing with property management disputes is the principle of applying law when dealing with property management disputes. In the case of imperfect laws, regulations or rules, the determination of property management rights and obligations and the handling of disputes should not only conform to the provisions and spirit of the Civil Code and other basic laws, but also respect the contracts concluded by the parties according to law.
2. Maintain the principle of the effectiveness of the statutory autonomy charter of the owners' group.
The autonomy and status of owners are determined by laws and regulations, and it is law-abiding for people in different areas of urban and rural areas to formulate and implement various codes and conventions. When the settlement of property management disputes involves the application of appropriate provisions of the owners' convention, its effectiveness should be recognized, maintained and enforced.
3. Respect the principles of agreement and contract in civil disputes.
Disputes arising from civil activities such as contracts (such as agency) shall be handled on the basis of contracts and agreements reached between the parties. In particular, the agreement of all parties on dispute settlement should be respected. As long as the terms agreed by both parties do not conflict with mandatory laws, they can be used as the basis for dispute mediation.
4. The principle of giving priority to social welfare and social stability.
Social stability and unity and the stability of social and economic order are the overriding primary tasks, and ensuring the realization of social welfare is the basic principle and requirement of socialist social development. When dealing with specific property management disputes, we should protect the legitimate property rights and interests of the parties and educate them to take care of the overall situation. Personal interests shall be subordinated to public interests, and shall not impair the autonomy of owners' groups, or hinder property management enterprises and relevant administrative organs from exercising their management rights according to law.
There are many ways to deal with property disputes, but the specific analysis should also be based on property disputes. If the behavior of the property company has seriously damaged the legitimate rights and interests of the owners, the corresponding competent departments should punish the property company according to the national legal system. Of course, under normal circumstances, owners should also abide by the property service contract and cooperate with the management of the property company.
Property management dispute handling process includes:
(a) the property company can negotiate with the owners to formulate a solution to the dispute;
(two) if consultation fails, you can ask grassroots organizations to mediate;
(three) if negotiation or mediation fails, they may bring a lawsuit to the court or directly to the court;
(four) if there is an arbitration clause in the property service contract, you can directly apply for arbitration.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 186 If a party breaches the contract and damages the personal rights and property rights of the other party, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.
Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.
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