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Judicial interpretation of property contract in civil code
Legal analysis: On the one hand, the quality standard of property service should be stipulated in the property service contract, and the owner cannot default on the property fee because the property service does not meet his own requirements. As long as the property company provides basic services, the owner should pay the property fee. On the other hand, for the defective property services, the owners can promptly advise and supervise the property companies to perform their management duties, or adopt democratic and autonomous mechanisms such as owners' meetings and owners' committees to refine the quality standards of property services and the conditions for the termination of contracts by means of collective resolutions of the owners. In addition, in view of the situation that the property service is not in place or there are serious defects, the owner should pay attention to fixing or retaining the evidence, and the judge can judge the owner to ask for a reduction or exemption of the property fee when he goes to court.
Legal basis: Article 939 of the Civil Law of People's Republic of China (PRC), the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.
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