What are the legal subjects of property management?

Types of legal relations in property management

The legal relationship of property management can be classified according to different standards.

(A) the legal relationship of equal rights in property management and the legal relationship of subordinate property management

According to the mutual status of the subjects of property management legal relationship, the legal relationship of property management can be divided into two categories: one is equal legal relationship of property management, that is, the subjects of legal relationship are equal and have no subordinate relationship, such as civil legal relationship. The Measures for the Administration of Commercial Housing Sales stipulates that a real estate development enterprise shall conclude a written commercial housing sales contract with the buyer, and the sales price of commercial housing shall be determined by both parties through consultation, unless otherwise stipulated by the state. This legal relationship mainly refers to the civil legal relationship of property management. The other is the subordinate legal relationship of property management, that is, the subjects of legal relationship are subordinate to each other, and one party is subordinate to the other, such as administrative legal relationship. "Measures for the Administration of New Urban Residential Quarters" stipulates that the real estate administrative department is responsible for the management of residential quarters; Municipal, greening, health, transportation, public security, water supply, gas supply, heating and other administrative departments and the local people's government of the residential area shall be responsible for supervising and guiding the relevant work of residential area management in accordance with the division of responsibilities. This legal relationship mainly refers to the administrative legal relationship of property management.

(two) the general legal relationship of property management and the specific legal relationship of property management.

According to the specific degree of property management legal relationship, it can be divided into general property management legal relationship and specific property management legal relationship. The general legal relationship of property management is characterized in that the subject of the relationship is an unspecified individual, social organization or state organ. For example, article 13 of the Constitution stipulates: "The state protects the legitimate ownership of citizens' income, savings, houses and other lawful property. "The subject of this legal relationship of property management refers to all citizens who have obtained China nationality, not specific people. All the lawful house ownership of China citizens is protected by the state. It is a "owner-to-owner" relationship, that is, no one can illegally occupy or damage other citizens' houses. At the same time, the general legal relationship of property management does not need special facts, but only nationality, so it coexists with the legal norms of property management and is a fixed form of a country's economic system and citizens' legal status. The characteristic of the legal relationship of concrete property management is that the subject of the relationship is concrete (either one party is concrete or both parties are concrete), and the relationship has both the provisions of property management law and concrete facts. For example, the legal relationship between the lessor and the lessee is concrete. The legal relationship of property management should not only be based on the relevant provisions of the Urban Real Estate Management Law and the Urban Housing Leasing Management Measures, but also on the existence of the lease contract signed by the lessee and the lessor and the fact that the lessee rents it to the lessor. Otherwise, the legal relationship cannot be established.

Reference property management network

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(3) absolute property management legal relationship and relative property management legal relationship

The concrete property management legal relationship can be divided into absolute property management legal relationship and relative property management legal relationship according to the unilateral concretization of the subject or the concretization of both parties. One of the subjects of absolute property management legal relationship-the obligee is concrete, while the other-the obligor is everyone except the obligee. This legal relationship is in the form of "one person to all others". The most typical legal relationship of absolute property management is the relationship of house ownership. The owner of the house is concrete, but the obligor is not. Have the obligation not to infringe upon the right holder's possession, use, income and disposal of the house. Compared with the main body of the legal relationship of property management, the obligee and obligor are concrete, and this legal relationship is expressed in the form of "person to person". Compared with the legal relationship of property management, the most typical form is the creditor's rights relationship of commercial housing sales contract, and the buyer and seller are creditor's rights debtors. Creditors (specific buyers-owners) have the right to require debtors (developers) to deliver the agreed houses on time, and debtors (developers) have the obligation to meet this requirement; The creditor (developer) has the right to ask the debtor (buyer's owner) to pay the price according to the contract, and the debtor (buyer's owner) has the obligation to meet this requirement. In the above-mentioned creditor-debtor relationship, both the creditor and the debtor are concrete, and the rights enjoyed by the creditor depend on the debtor's own obligations, otherwise the creditor's rights cannot be enjoyed.