What is the nature of the property management contract? What is the duration of the property management contract?

The property management contract is the proof of the legal relationship between the community and the property, and the term of the contract will be stipulated according to the wishes of both parties. So the following is the whole content of How Long is the Property Management Contract for everyone. I hope I can help you solve the corresponding problems. Of course, you can also consult.

1. What is the duration of the property management contract?

China's laws have no specific requirements on whether the time limit should be determined when concluding a property management service contract, that is, the time limit can be agreed or not. But it doesn't just mean that as long as the time limit is agreed, the property contract should not be terminated until the contract expires.

Legal basis:

Article 21 of the Property Management Regulations stipulates that before the owners' meeting selects a property management enterprise, the construction unit shall sign a written preliminary property service contract.

Article 26 stipulates that: the early realty service contract may stipulate the time limit; However, if the realty service contract signed by the owners' committee and the realty management enterprise takes effect before the expiration of the term, the previous realty service contract shall be terminated.

Second, the content of the property management contract

Generally speaking, the main terms of a property management contract are composed of the following aspects:

1, the basic situation of the parties and the property, mainly to confirm and record the qualifications of both parties and the basic situation of the property management activities.

2. The rights and obligations of both parties are mainly the terms that the owner or user pays the property management fee and the property management company provides corresponding services. This is the most important clause in the property management contract, and the specific content varies with different types of management projects. Generally speaking, there is a difference between property management which focuses on management services and property management which pays equal attention to rental operation and entrusted management.

3. Property management service and service quality. This is generally agreed by the parties themselves, and most local laws and regulations stipulate the bottom line, but the situation stipulated in various places is uneven. It can be referenced that the International Health Organization (WHO) has formulated standards for safe, healthy, convenient and comfortable living environment for the management of all buildings, which can be summarized as: (1) fire prevention, such as strengthening the management of fire-fighting equipment and facilities; (2) Cleaning and maintenance, regularly cleaning up garbage, cleaning ditches, cleaning external walls, etc. ; (3) Maintenance of public facilities, maintenance of hydropower machinery, and regular inspection of public elevators and air-conditioning equipment; (4) Arrange flowers and trees, trim flowers and trees, and replace litter at any time. These four benchmarks should also be the standard requirements of property management.

4. Standards and collection methods of property management service fees. Property management contracts are all paid contracts, so the price and remuneration clauses are natural main clauses.

5, the use of property management services, management and cost sharing methods. This is a special clause in the property management contract, mainly to facilitate the property management unit to fulfill its management obligations.

6, maintenance fee collection and terms of use. Maintenance fees are generally independent of property management service fees, and their collection methods are mainly agreed by both parties to the contract.

7. The term of validity of the contract, the termination of the contract and related matters after the termination of the contract are mainly the transfer of real estate information. There is a difference between the termination of property management services and the termination of general contracts. Under normal circumstances, both parties to a property management contract may not terminate the contract at any time. If one party proposes to terminate the contract within the term of the contract, it must negotiate according to the specific terms of the contract, reach an agreement through negotiation or the court or arbitration institution shall confirm the validity of the termination of the contract.

8. Liability for breach of contract and dispute settlement methods. Although the property management relationship only takes effect between the owner, the user and the property management company, due to the particularity of the property management relationship, the neighborhood Committee, urban construction department and municipal departments where the property is located also enjoy certain administrative management and supervision functions, so the dispute settlement and dissolution of the property management relationship is different from other contracts.

9. Other major clauses agreed by both parties according to specific conditions.

Therefore, compared with other contracts, the property management contract has its particularity in many aspects, but in theory and practice, scholars and judges have not paid corresponding attention to it. At present, there are two popular views on the nature of property management contract, that is, property management contract is a kind of entrustment contract, or property relationship is a special type of agency system in civil law, and property management contract is also a contract to establish agency relationship. These two views will be reviewed separately below.

Third, the nature of the property management contract

Law is not a kind of contract produced out of thin air, but an adjustment of the existing facts in life and consideration of the interests of the parties and the possibility of various conflicts. Generally, civil law establishes various types of contracts based on the obligation to pay. However, social life is complicated and trading activities are frequent and changeable, and the law finally has some shortcomings. At this time, in addition to the statutory types of contracts, the parties must also create new types of contracts to meet different needs. According to the analysis of scholar Wang Zejian, there are three main ways to develop atypical contracts: there are special agreements on special circumstances; Those that have been used for a long time seem to have the effect of customary law. It is based on the needs of modern transactions, resulting from the stereotyped contract terms.

The main problem of nameless contract lies not only in the difference between it and famous contract, but also in how to provide applicable norms when relevant laws and regulations are not fully prepared.

Specific to the main payment obligations set in the property management contract, from the perspective of property managers, there are generally the following two aspects:

1. Material management refers to the physical management of the preservation, improvement, utilization and even disposal of buildings, bases and ancillary facilities, which is limited to some parts of buildings in principle.

2. People's management refers to the community management that distinguishes the living relationship of all people who live in groups. Its object is limited to people living in buildings, and the behavior of people entering and leaving buildings should be included. The content is generally the management of improper damage to buildings, the management of improper use of buildings and the management of disturbing the order of life.

According to the specific circumstances, property management can be divided into local management and comprehensive management. As far as it is concerned, the signing of the property management contract seems to be only the relationship between the whole and the part, and there should be nothing special about it. However, it is doubtful whether the property management contract signed by complex local management or overall management is a mixed contract among atypical contracts.

Judging from the main payment obligations of the property management relationship, the services provided by the property management organization include the management of some properties in a narrow sense, the repair and maintenance of all property facilities, the purchase and replacement of mechanical facilities, the safety maintenance of the living environment, etc., involving many well-known contracts and unknown contracts, mainly including employment contracts, custody contracts, lease contracts, contracting contracts, entrustment contracts, etc.

In this regard, the nature of the property management contract should not be any type of well-known contract stipulated by the current law, nor should it be a so-called anonymous contract, but a combined contract, which belongs to a mixed contract, that is, all the payment obligations undertaken by one party belong to different contract types and occupy the same position with each other, while the other party only pays a single treatment payment (paid contract).