Job Recruitment Website - Property management company - How many years is the prosecution period of property fees?
How many years is the prosecution period of property fees?
What are the legal requirements for the limitation of action?
1, there must be a claim.
The limitation of action urges the claimant to exercise his power, and the existence of the right of claim is the first condition for the limitation to occur. According to the Supreme People's Court's relevant regulations and theories, the limitation of action should only apply to the claim of creditor's rights, not to the claim of real right.
It is a fact that you are lazy to exercise your rights. Being lazy to exercise rights is a wrong state of not exercising rights. Where the obligee is unaware of the existence of his rights, or knows that his rights exist, but cannot exercise his rights, the general limitation period will not start to count.
3. Failure to exercise this right persists within the statutory time limit. The delay in the exercise of rights is in a continuous state, and if there is a person who promises to exercise rights or obligations in the middle, the limitation period is interrupted; When the continuous state reaches the statutory period, it means that the claim right cannot be exercised before the time stipulated by law, which is the limitation period.
What are the ways to deal with property management disputes?
1, the two parties to the dispute reached an agreement through peaceful negotiation;
2. The parties to the dispute reach an agreement through mediation by a third party, which is mainly the local housing authority, neighborhood committee, subdistrict office or town government mediation agency;
3. In the case of 1 2, both parties to the dispute cannot reach an agreement through arbitration or court proceedings.
There is a people's mediation system in China's civil code and civil procedure law. If one party does not agree to mediation, arbitration or judgment can only be conducted through arbitration or litigation. Arbitration is a one-bureau final review system, and judgments are a two-bureau final review system. After the legal documents come into effect, the winning party can apply to the local people's court for enforcement.
Is it illegal not to pay property fees? What are the consequences?
1. According to the property management regulations, the owner needs to pay the property fee according to the time stipulated in the property contract. If the property service fee is not paid within the time limit, the owners' committee shall urge it to pay within a time limit; If the realty service enterprise fails to pay the realty fee within the time limit, it may bring a lawsuit to the people's court. Accordingly, it is illegal to pay property fees, and you can sue to the court. Therefore, it is recommended to pay the relevant fees in time to reduce unnecessary troubles.
2. Article 64 of the Property Management Regulations stipulates that if the owner fails to pay the property service fee within the time limit in violation of the property service contract, the owners' committee shall urge him to pay it within a time limit; If it fails to pay within the time limit, the realty service enterprise may bring a lawsuit to the people's court.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 188 The limitation period of ordinary litigation and the longest period of rights protection shall be three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
- Related articles
- The tutor of the girl's family in a dream of red mansions.
- What luxury brands does Suzhou Merlot have?
- Lanting Garden in Jiaojiang is so cheap.
- How about Tianchen of Longhu Yanta? OK or not? Is it worth buying?
- How about Hengshui Youlinhui Property Service Co., Ltd.?
- Are there any interesting places around Xianyang?
- How far is Xinghewan Community on Xiangshan Road in Huaibei City from Huaibei Normal University?
- What is the telephone number of Xiangting Business Department in Dandong Greenland Sea Area?
- Who is He Daopin? BOE is an employee supervisor.
- How to do Tongliao real estate budget