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What if there is no service contract for the previous property?
The prophase realty service contract is illegal and can be dissolved, but it must be carried out in accordance with the procedures prescribed by law. Owners can jointly question the performance of the service contract of the property service enterprise, or fail to set up the owners' meeting to perform the duties of the owners' meeting and propose to terminate the contract. Article 15 1 of the Civil Code stipulates that if one party takes advantage of the other party's critical situation and lacks judgment, resulting in obviously unfair when a civil juristic act is established, the injured party has the right to request the people's court or an arbitration institution to cancel it.
Legal objectivity:
Article 940th of the Civil Code of People's Republic of China (PRC), if the realty service contract concluded by the construction unit and the realty service provider according to law comes into effect before the expiration of the service period stipulated in the previous realty service contract, the realty service contract concluded by the owners' committee or the owners and the new realty service provider shall be terminated.
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