What are the termination conditions of the previous property service contract?

1. What are the conditions for the termination of the previous property service contract?

Before the expiration of the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners' committee or the owners and the new realty service provider takes effect, the preliminary realty service contract shall be terminated.

Second, what are the characteristics of the property service contract?

(1) Property service contract is a civil contract based on equality and voluntariness. Traditionally, the property service contract is also called the property management contract, but it is essentially different from the administrative contract signed by the administrative organ with the relevant units to realize the administrative authority.

(2) Property service contract is a special entrustment contract. The property service contract is based on the entrustment of the owners' congress and the owners' committee, but it is different from the general entrustment contract. According to the provisions of the Civil Code: "An entrustment contract is a contract in which the principal and the trustee agree that the trustee will handle the principal's affairs." The entrustment contract is based on mutual trust. Either party to the entrustment contract loses trust in the other party and can terminate the entrustment relationship at any time.

(3) The realty service contract is a contract with labor as the target. The obligation of the realty service enterprise is to provide labor services such as house maintenance, equipment maintenance, public security, sanitation, landscaping, etc. as agreed in the contract. Property service enterprises have the right to receive remuneration after completing the agreed obligations. There are also essential differences between property service contracts and contracts involving the provision of labor services. A contract is a contract in which the contractor completes the work according to the requirements of the customizer, delivers the work results, and the customizer pays the remuneration. Although the contract also involves the provision of labor services, the labor services provided by the contractor are only means, not the purpose of the contract. The contractor should use his services to produce some materialized results and bear the risks in his work. If the contractor fails to complete the work, he shall not ask for remuneration. Property service contracts take specific services as their content. As long as the realty service enterprise completes the agreed service behavior, the remaining risks shall be borne by the owner.

(4) Property service contracts are agreed contracts, paid contracts, bilateral contracts and necessary contracts. The owners' committee and the realty service enterprise reach an agreement on the terms of the contract to establish the realty service contract, without taking the actual delivery of the property as an important element.

The realty service enterprise is a profit-making enterprise legal person who obtains a business license, participates in market competition, operates independently and is responsible for its own profits and losses. There is no free property service, so the property service contract is a paid contract. According to the content of the realty service contract, the owners, owners' congress, owners' committee and realty service enterprise all enjoy the rights and perform their obligations, so the realty service contract is a two-way contract. The comprehensive service scope of the property service contract is wide, the interests are significant, and the performance period of the contract is relatively long. In order to avoid the weakness that oral contracts are difficult to obtain evidence, the property management regulations clearly require that property service contracts should be concluded in written form and reported to the property management administrative department for the record, so they are necessary contracts.

3. What are the types of property service contracts?

(1) According to different properties, property service contracts can be divided into residential property service contracts and commercial property service contracts.

(2) According to the different stages of service provision, it can be divided into prophase realty service contract and realty service contract. The former refers to the contract signed by the construction unit and the property service enterprise it selected before the property sales, and the latter refers to the contract signed by the legally established owners' committee and the property company selected by the owners' congress when the property delivered by the construction unit reaches a certain amount. When the realty service contract signed by the owners' committee and the realty service enterprise takes effect, the prophase realty service contract is terminated.

According to the law, there are only two conditions for the termination of the previous realty service contract, one is before the expiration of the service period, and the other is that the owners' committee has signed a new realty service contract.

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.