What is the legal relationship between "property" and "owner"?

The legal relationship between "property" and "owner" is a contractual relationship.

However, this contractual relationship is quite special. The contract is about the signing subject, the property is one party, the other party is not a specific owner, and the owners' committee is the representative of all owners.

Classification of legal relationship of property management

There are many specific types of legal relations in property management, which can be divided into many types according to different standards. According to the different legal departments that adjust the legal relationship, the legal relationship of property management can be divided into four categories: civil legal relationship, economic legal relationship, administrative legal relationship and criminal legal relationship. Among them, the criminal legal relationship is generally not directly stipulated in the normative legal documents of property management, but only points out that the property management behavior involves crimes, which shall be dealt with according to the corresponding provisions of the criminal law, so this section does not analyze the criminal legal relationship of property management.

Civil legal relationship of property management

The civil legal relationship of property management refers to the social relationship of property management with civil status and civil rights and obligations as its contents.

Civil legal relationship has three main characteristics: first, the legal status of participants in civil legal relationship is equal, and there is no unequal relationship between the parties, such as command and obedience, management and management; Second, civil legal relations are mostly established by the parties voluntarily, and whether and in what form to establish civil legal relations is generally determined by the legal intention of the parties; Third, in civil legal relations, the rights and obligations of the parties are generally equivalent, and the equivalence of rights and obligations means that the parties enjoy rights and have obligations to each other. In addition, there are civil legal relationships in which only one party has rights and the other party has obligations.

Among the legal relationships of property management, civil legal relationships account for the majority, such as the legal relationship of property right exercise, the contractual relationship of property management or human settlement service, the adjacent relationship of real estate, civil breach of contract and infringement, etc. However, in the laws and regulations of property management, in order to avoid too much duplication with special civil laws and regulations, there are few specific provisions on civil rights and obligations of property management.

The civil legal relationship of property management has its own characteristics: ① The basic subjects of the civil legal relationship of property management are owners, owners' organizations and property management enterprises. As the owner of urban land, although the country has become the largest property owner, it does not directly participate in the civil legal relationship of property management as a land owner. Only when the contract for the assignment of state-owned land use rights expires, does it come forward to recover the assigned plots and property on the ground according to law. ② The objects of civil legal relationship of property management are mainly property and service effect based on property management. ③ The content of the civil legal relationship of property management, that is, the setting of rights and obligations, is strongly restricted by the will of the state. In view of the fact that property management involves important public interests, property management laws and regulations have made more guiding and mandatory provisions on the civil rights and obligations of the parties, especially the obligations, on the premise of respecting the voluntariness of the parties in civil legal relations. For example, the conclusion of the owners' convention and the conclusion of the entrustment contract for property management projects require written form in the form of behavior, and the service behavior is regulated through the service level standard of property management.

Economic and legal relationship of property management

The economic and legal relationship of property management, also known as the legal relationship of property management, refers to the economic status and economic rights and obligations between the functional departments of the state and governments at all levels and owners, owners' organizations, property management units (property development and construction units, public houses for sale, etc.). ) and social organizations (property management industry associations, owners' autonomy associations, etc.). ) in the process of coordinating and controlling the operation of property management.

The economic and legal relationship of property management is the most content in property management laws and regulations, which is determined by the nature that property management laws and regulations belong to the category of economic law. The economic and legal relationship of property management in China has its own characteristics: ① The economic and legal relationship of property management is divided into two parts: the legal relationship of owner autonomy management and the legal relationship of property management industry management. Among them, the owner's self-management plate not only contains the relationship between property economic management, but also involves the content relationship between the construction and management of human settlements civilization. (2) In the economic and legal relationship of property management, the authority for centralized management of property management on behalf of the state is not the general comprehensive economic management department (such as the State Planning Commission and the State Administration for Industry and Commerce), but the relevant departments responsible for property management determined by the the State Council real estate administrative department (Ministry of Construction) and local governments at or above the county level. (3) The economic and legal relations of property management involve various economic relations adjusted by economic and legal norms, including planning, planning, finance, price, industry and commerce, taxation, finance, accounting, labor, environmental protection, anti-unfair competition, product and service quality supervision, consumer rights protection and other economic and legal relations.

Administrative legal relationship of property management

The administrative legal relationship of property management refers to the relationship of status, rights and obligations among the government, the administrative department of property management and other relevant functional departments, as well as with the owners, property users, owners' organizations, property management enterprises and other social organizations and units related to property management in administrative affairs.