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What is the liability for breach of contract of property service enterprises?
The liability for breach of contract may be agreed by the parties within the scope permitted by law. The parties may agree on the form of liability for breach of contract, the scope of liability for breach of contract and the calculation method of losses. Specifically, the parties can agree in advance on the amount and extent of liquidated damages, the calculation method of damages, and even determine the specific amount. At the same time, the liability that the parties may incur in the future can be limited and exempted by setting exemption clauses. Article 577 of the Civil Code of People's Republic of China (PRC), if one party fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party in case of breach of contract, and may also agree on the calculation method of damages arising from breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages. (1) Members of the owners' committee are not paid but can get subsidies or subsidies. (2) The owners' committee is a group established by agreement of the owners or decided by the owners' meeting, and is entrusted by the owners to decide and implement some affairs in the owners' management. Members of the owners' committee can generally be divided into members elected by the owners' committee, secretaries and other employees of the owners' committee. (3) The members of the owners' committee elected by the owners are not a profession, so there is no salary. The members of the owners' committee spend a lot of time and energy on the management of the owners, and even have to pay some communication fees, so the members of the owners' committee either subsidize or subsidize. (4) The staff employed by the owners' committee are employed to complete the daily work of the owners' committee because they are not representatives of the owners. Therefore, the owners' committee shall sign a labor contract with employees or a dispatch contract with the labor dispatch unit, and employees shall enjoy wages. (1) The Property Management Regulations stipulate that the owners' committee shall carry out the matters decided by the owners' meeting and perform the following duties: 1. Convene the owners' meeting and report the implementation of property management; 2. Sign a realty service contract with the realty service enterprise selected by the owners' congress on behalf of the owners; 3, timely understand the opinions and suggestions of the owners and property users, supervise and assist the realty service enterprise to perform the realty service contract; 4. Supervise the implementation of management regulations; 5. Other duties assigned by the owners' meeting. (2) Provisions in the rules of procedure of the owners' meeting: As stipulated in the Rules of Procedure of the Owners' Meeting (Model Text) promulgated by the former Shanghai Housing and Land Resources Administration, the owners' committee shall perform the following duties in addition to performing its duties according to law: 1 To draw up the hiring plan of the realty service enterprise and report it to the owners' meeting for decision; 2. Draw up the annual financial budget and final accounts of the owners' committee, and report to the owners' congress for decision; 3. To draft the rules of procedure of the owners' congress and the modification scheme of the management statute, and report to the owners' congress for decision; 4 to formulate rules and regulations for maintaining public order and environmental sanitation in the property management area, and report them to the owners' meeting for decision; 5. Draw up the use and income plan of some facilities and equipment in the property management area and submit it to the owners' meeting for decision; 6. Draw up a plan for the use and renewal of special maintenance funds and report it to the owners' meeting for decision; 7. Draw up plans for the reconstruction and reconstruction of buildings and their ancillary facilities, and report them to the owners' meeting for decision; 8. Dealing with acts violating management regulations;
Legal objectivity:
Article 34 of the Regulations on Property Management shall conclude a written property service contract with the property service enterprise selected by the owners' congress. Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc. "Regulations on Property Management" Article 35 A property service enterprise shall provide corresponding services in accordance with the provisions of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
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