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Do residential shops belong to property management?
Shops are managed by residential property. If the store fails to pay the rent on time, the property has the right to terminate the lease contract and then recover the store. Sign the contract. Regarding the signing of a contract, if a written contract is signed according to law, the contract will be established when both parties sign or seal it. If the terms of the contract are not equal, it will not affect the establishment of the contract, but it can be revoked after the contract is established.
Article 32 of the Contract Law stipulates that if the parties conclude a contract in the form of a contract when it is established, the contract shall be established when both parties sign or seal it.
Article 33 stipulates that the letter of confirmation and the parties to the contract conclude the contract in the form of letters or data messages. They can ask for a letter of confirmation before the contract is established. The contract was established when the confirmation letter was signed.
Second, the types of liability for breach of contract
1. Liability for breach of contract: the liability for breach of contract refers to the liability that the parties should bear when they fail to perform or not fully perform the contractual debts;
2. Anticipated liability for breach of contract: The so-called anticipatory liability for breach of contract refers to the responsibility that one party clearly indicates to the other party that it will not perform its contractual obligations after the contract is effectively established and before the performance period agreed in the contract, or that one party's own behavior or objective facts imply that it will not perform its contractual obligations as agreed;
3. Liability for fault in concluding a contract: In the process of concluding a contract, if one party fails to establish, invalidate or terminate the contract due to fault, and the other party suffers loss of reliance interests, the fault party shall bear the responsibility. Opening a shop in a residential area will be managed, because opening a shop has changed the use of the property, and the residential property has the right to interfere. Property management company is an enterprise economic entity established in accordance with legal procedures and with corresponding qualification requirements, and it is an independent enterprise legal person. It belongs to a service company and has an equal subject relationship with the owners or users. Entrusted by the owner, according to the restrictions of relevant laws and regulations or the stipulations of the contract, we will carry out professional management of the property within a specific scope and get corresponding remuneration.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 271 The owner shall enjoy the ownership of the exclusive parts of the building such as the residence and business premises, and the condominium of the * * * parts other than the exclusive parts.
Article 272 The owner has the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.
Article 273 The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building. You may not fail to perform your obligations on the grounds of giving up your rights. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together. Article 274 Roads within a building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.
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