What laws and regulations are there for property management?

Characteristics of legal relationship of property management

The basic characteristics of the legal relationship of property management are embodied in the following aspects:

(A) the universality of the subject

Housing (residential area or building) is the basic material condition for urbanization and people's life. Any organization, unit and individual should have various contacts with real estate property management, and form social relations between people through such contacts. Therefore, it can be said that the right subject and obligation of the legal relationship of property management are very extensive.

(2) Basic ownership

The object of property management is mainly real estate. Real estate is real estate, but the transfer of real estate is not the displacement of actual things, but the change of the subject of rights. The sale and lease of houses is actually the transaction and transfer of rights. Therefore, the legal norms of property management are based on ownership.

(3) State intervention

Real estate is real estate, which is very important wealth to the country, legal persons and citizens; Similarly, the property management of real estate involves the interests of the government, legal persons and citizens, and is related to economic development and social stability. Therefore, the state's administrative intervention in this field is remarkable, and the Ministry of Construction has specially set up the Department of Construction and Real Estate to guide the development of property management.

Elements of legal relationship of property management

The elements of the legal relationship of property management refer to the necessary elements or conditions of this relationship, and the legal relationship of property management cannot be formed without one of them. There are different views on what is the element of legal relationship. Some put forward the theory of subject, object, content and reasons for change, while most people insist on the traditional theory of subject, object and content. We believe that the reason for the change is a legal fact, not a constituent factor of the legal relationship itself, so we adopt the theory of three elements. [2]

(A) the main body of the legal relationship of property management

The subject of the legal relationship of property management refers to the participants in the legal relationship of property management, that is, the parties who can independently enjoy rights and assume obligations in their own names in property management. The subject of property management legal relationship can be divided into different parts from different angles: 1. According to the natural attributes of the legal relationship subject of property management, it can be divided into natural persons, legal persons, unincorporated organizations and countries under special conditions; 2. From the perspective of the status and obligations of the subject, it can be divided into legal parties and other interested parties of property management. Among them, the parties to the legal relationship of property management refer to the direct participants in property management activities, who can sign owners' conventions or property management contracts in their own names, directly bear the legal consequences, enjoy rights and assume obligations independently, mainly including owners, owners' committees and property management companies. Other stakeholders refer to the indirect participants in property management activities, who do not enter into property management contracts in their own names, but assist property management enterprises to carry out property management activities and have certain legal interests in the legal consequences of property management. They should independently enjoy some rights and assume some obligations in the legal relationship of property management, mainly including real estate developers and public utility service providers.

(B) the content of the legal relationship of property management

The content of property management legal relationship refers to the rights (including authority) and obligations (including responsibilities) enjoyed by the subject of property management legal relationship in property management legal relationship. The legal relationship of property management mainly includes the following contents: first, the rights and obligations of owners and non-owners users; Second, the rights and obligations of the owners' congress and the owners' committee; Third, the rights and obligations of the property management company according to the property management contract; Fourth, the rights and obligations of developers in property management activities; Fifth, the powers and responsibilities of the government and its relevant departments; Sixth, the basic rights and obligations of property management associations. The specific rights and obligations of property management are specifically introduced and discussed in the relevant chapters of this book.

(C) the object of the legal relationship of property management

The object of the legal relationship of property management refers to the object in which the rights and obligations of the subject of the legal relationship of property management bear the same direction. Object, also known as "object", is the external expression carrier of legitimate interests required by the subject, which directly reflects the core interest relationship in people's social relations.

The objects of various specific legal relations of property management are different. According to the different forms of interest, it can be divided into three categories: property, right and behavior effect.

1. Property. Property in the modern sense belongs to the category of things, including real estate or real estate stipulated by traditional laws and its surrounding space and environment. Property is not only the object of the legal relationship of property right set on the property, but also the object of property ownership, * * right, autonomy, * * management right, use right, * * space use right and * * environment enjoyment right, and also the object of property management company's escrow property right.

2. Rights. As the object of property legal relationship, rights mainly refer to creditor's rights, site use rights, property neighboring rights, public order maintenance rights, property escrow rights and some personal or spiritual rights related to property management (such as personal freedom, personal dignity, housing safety, participation and enjoyment of spiritual civilization construction, etc.). ).

3. Behavioral effects. As the object of the legal relationship of property management, the behavior effect mainly includes the behavior effect of state organs providing administrative services to property management, the behavior effect of property management companies providing paid services according to entrusted management service companies, and the behavior effect of owners paying property maintenance funds to establish and supplement property maintenance funds. Source: The effect of web link behavior can be visible at the end of the behavior process, or it can be invisible with the behavior process. For example, the patrol behavior of property management security personnel has the security effect of invisibly deterring those who have criminal intentions from acting rashly, and for example, the property management administrative department gives guidance to the formation of the owners' Committee, effectively making it successfully established.