Equity of national defense property

As a typical double-service, paid contract, the service provided by the property management enterprise and the property fee paid by the owner are interrelated and valuable debts in the process of contract performance. Based on the relevant provisions of the Civil Code, in bilateral contracts, the rights and obligations of both parties are balanced and complicated. Under legal conditions, one party has the right to claim performance from the other party, that is, the right to temporarily refuse to perform the debt, including the right to defend himself at the same time, the right to defend himself first and the right to uneasy defense. Because in the current judicial practice of our country, most property service cases are due to the owner exercising the right of defense because the property service enterprise fails to perform the contract correctly, this paper only studies the right of defense of simultaneous performance and prior performance. In the realty service contract, if the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the contract or determined by laws, regulations and relevant industry norms, the owner has the right to require it to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, and may exercise the right of defense at the same time or perform the right of defense first and refuse to pay the realty service fee. Because property contract disputes belong to civil cases. Disputes caused by civil legal relationship between equal civil subjects are definitely civil disputes, so civil case disputes should be concluded within three to six months from the date of filing. Article 149 of the Civil Procedure Law A case tried by a people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval. Article 161 When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case. Article 163 If a people's court finds that a case is not applicable to summary procedure in the course of trial, it shall rule that it should be tried by ordinary procedure. Ordinary civil cases tried by the people's courts through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital. Article 285 Relationship between Owners and Property Service Enterprises or Other Managers The property service enterprises or other managers are entrusted by the owners to manage the buildings and their ancillary facilities within the building division in accordance with the provisions on property service contracts in Part III of this Law, accept the supervision of the owners, and promptly answer the owners' inquiries about property services. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work. Article 286 of the Civil Code stipulates that the relevant obligations and responsibilities of the owner shall abide by laws, regulations and management conventions, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. If the owners or other actors refuse to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative departments, which shall deal with them according to law. Protection of the legitimate rights and interests of the owners Article 287 of the Civil Law, the owners have the right to require the construction unit, the realty service enterprise or other managers and other owners to bear civil liability for their acts that infringe upon the legitimate rights and interests. If the property contract dispute is not pronounced in court, the dispute case shall be tried within six months at the latest from the date of filing the case. If there is a dispute over the property contract, it needs to be resolved in time. If it is not handled well, it can be brought to court. (a) according to the different nature of the property, the property service contract can be divided into residential property service contract and commercial property service contract. (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.

Legal objectivity:

The broad right of defense refers to the right of confrontation to prevent others from exercising their rights. It doesn't matter whether the rights exercised by others are claims. In a narrow sense, the right of defense refers to the right to oppose the right of claim, that is, when the creditor exercises the right of claim, the debtor has the right to refuse his request. (a) the object of the right of defense is the right of claim, and the right of claim can only be the right of defense with property content. According to its function, civil rights can be divided into four types: right of claim, right of defense, right of domination and right of formation, in which the object of claim is the gift of the respondent, and the object of domination is the dominated object such as things, intellectual achievements and personal interests. The object of the right of formation is the civil legal relationship itself, and the object of the right of defense is the right of claim of others, which is determined by the function of the right of defense, because the right of defense is a kind of right to claim against others. At the same time, the right of claim, as the object of the right of defense, can only be the right of claim with property content such as property rights and creditor's rights. If it is a claim with personal content (such as personality right), it cannot be the object of the right of defense, because the protection of personal rights in civil law is superior to the protection of property rights. Once the personal rights are created, no law can attach conditions to restrict their exercise. (2) The right of defense is the right of defense rather than the right of attack. Only when one party exercises the right of claim can the other party make a defense, otherwise "confrontation" will be impossible. For example, exercising the right of defense at the same time, Article 326 of the German Civil Code stipulates: "A person who is in debt due to a bilateral contract may refuse to pay by himself before the other party pays, but he has the obligation to pay in advance." Article 533 of the Japanese Civil Code also stipulates: "One party to a bilateral contract may refuse to perform its own debt before the other party performs its debt. However, if the debt of the counterpart is not in the liquidation period, this restriction does not apply. " Article 264 of the Civil Code of Taiwan Province Province stipulates: "People who owe each other debts by contract may refuse to pay by themselves before the other party pays; However, those who have the obligation to pay in advance shall not be subject to this restriction.