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Who will pay for the property and legal fees?
During the discussion, most judges argued that the limitation of action for property fees should be calculated from the date when the last property fee expires. The main reasons are summarized as follows: First, considering the value orientation of the prescription system, the value goal of the prescription system is to balance and protect the interests of the parties. In the case that it is not conducive to protecting the interests of creditors and there is no clear legal provision, it should be understood and considered from the perspective of benefiting creditors in order to truly realize the balance of rights between the parties. Secondly, from the perspective of the integrity, relevance and independence of continuous debt, although the debts of each period are indeed generated continuously with the passage of time, rather than when the contract is signed, because it is a one-time or unified agreement on the continuous creditor's rights generated for the same reason in a certain period under the same contract, the creditor's rights performed in each period are actually holistic and relevant, and the independence of installment performance is not enough to deny its integrity and relevance. Third, from the perspective of trial, it is conducive to saving litigation costs, improving trial efficiency and being more operable. Fourth, just like the installment performance of the same debt, there are cases where the rights are not claimed after the maturity of each debt to maintain the cooperative relationship between the parties. The limitation of action is calculated from the date of the expiration of the last debt, which is conducive to protecting the reasonable trust interests of the parties, promoting commercial transactions and increasing social wealth. Fifthly, considering from the aspect of property service enterprises, when the property service enterprises are faced with difficulties in collecting property fees, if the property service enterprises ask for property fees beyond the limitation period, it will lead to insufficient fees, which will lead to the decline or difficulty in maintaining the service quality, and the ultimate victims will be most owners.
Legal objectivity:
The "Regulations" of People's Republic of China (PRC) property management fiftieth property management area in accordance with the planning and construction of public buildings and facilities shall not be changed. If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.
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