Provisions of Civil Code on Withdrawal of Property Company

The Civil Code of People's Republic of China (PRC) stipulates that the property contract has no legal effect from beginning to end after it is dissolved. If the contract is terminated due to the fault of one party, compensation can be requested only if there is no fault.

Entrusted by the owner, the realty service enterprise or other managers shall manage the buildings and their ancillary facilities within the building division in accordance with the relevant realty service contract, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

If a realty service enterprise violates the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules and regulations, without authorization, expands the charging scope, raises the charging standard or charges repeatedly, 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 that the realty service enterprise refund the illegal fees charged by them.

If no settlement can be reached through consultation, the relevant charging standards shall be approved by the price department, and the owner, user or CMC may request the price department to re-approve. The price department may, according to the actual cost of property management, re-approve the service content, quality, depth and user opinions.

Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract.

Article 285 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * Property service enterprises or other managers shall, according to the entrustment of the owners, manage the buildings and their ancillary facilities within the building division in accordance with the provisions of the third part of this law on property service contracts, accept the supervision of the owners, and promptly answer the owners' inquiries about property services.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees.