Job Recruitment Website - Property management company - The state stipulates the scope of property services.
The state stipulates the scope of property services.
1. What are the relevant regulations on property services?
People's Republic of China (PRC) Civil Code
Article 942 General Obligation of Property Service Providers Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.
Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.
Article 943 Obligation of Information Disclosure of Property Service Providers Property service providers shall regularly disclose the owner's service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, partial operation and income in a reasonable way, and report to the owners' meeting and owners' committee.
Second, how is the statute of limitations for property contract disputes stipulated?
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.
People's Republic of China (PRC) Civil Procedure Law
Article 164 Right of Appeal
If a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
III. Provisions on the Courts with Jurisdiction over Property Disputes
(a) the infringement dispute to the defendant's domicile court.
If one party who signs a property management contract brings an infringement lawsuit against the other party, the provisions of Article 29 of the Civil Procedure Law shall apply and the people's court in the place where the infringement occurred or where the defendant has his domicile shall have jurisdiction.
Defendant's domicile
If the owner is the defendant, the owner's residence is both at the location of the property and outside the location of the property. It is not the owner who buys the property, but the location of the property is the location of his household registration. Therefore, it cannot be simply considered that the location of the property is the defendant's domicile; The domicile of a property management company refers to the location of its main business premises or main office premises, not the location where property management is implemented. However, because the property management contract is to implement property management at the location of the property, it should be considered that the location of the property is the place where the contract is performed.
(two) the contract dispute to the defendant's domicile court or the court where the contract is performed.
Contract disputes arising from property management contracts shall be governed by the provisions of Article 24 of the Civil Procedure Law, and lawsuits arising from contract disputes shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.
The Court of Appeal may decide by agreement.
Article 25 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that both parties to a contract may, as stipulated in a written contract, choose the jurisdiction of the people's court where the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but it shall not violate the provisions of this law on hierarchical jurisdiction and exclusive jurisdiction.
(three) both infringement and breach of contract
If one party violates the property management contract and causes damage to the other party, the other party may choose to file a breach of contract lawsuit or tort lawsuit, and the court will determine the jurisdiction according to the nature of the lawsuit.
Not under the jurisdiction of the court where the real estate is located.
Although the property management dispute is caused by the management of real estate, it is not a real estate dispute and the provisions of exclusive jurisdiction are not applicable. For your better rights protection.
Legal objectivity:
Article 942 of the Civil Code of People's Republic of China (PRC) * * * Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners. Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.
- Previous article:What is the telephone number of Urumqi Pilotage Chen Marketing Center?
- Next article:Lv cheng LAN ting property
- Related articles
- Will Wuxi Yuexiu Garden be demolished?
- How many entrances and exits are there in Wuhan Jiangbei Expressway?
- What are the main palaces in Qing Dynasty?
- What is the sales service hotline of Prince Fu Hong City in Benxi?
- What about Hefei Yinfeng Vocational and Technical Service Co., Ltd.?
- Brief introduction of safety engineering specialty
- Is Jiangpu Road 1275 Community far from Zhangjiabang Community?
- Does the factory 10KV distribution room have to be manned 24 hours a day? Are there any relevant standards? thank you
- How about Anhui Fengnuo Asset Management Co., Ltd.?
- Where is the highest peak address of Wenshan Hesheng?