Handling of Property Disputes in Civil Code

The provisions of the Civil Code on property disputes are as follows: Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration. , the property service person shall not stop power supply, water supply, heating, gas supply and other ways to urge the payment of property fees. Article 945 Where an owner decorates a house, he shall inform the property service provider in advance, obey the reasonable precautions put forward by the property service provider, and cooperate with him to conduct necessary on-site inspections. If the owner transfers, rents out the exclusive part of the property, establishes the right of residence or changes the use of part of the property, it shall promptly inform the property service provider of the relevant information. (1) The number of property dispute cases is growing rapidly, and the total number of cases accepted is increasing year by year. With the development of housing commercialization and housing management marketization, people's requirements for living conditions and living environment are increasing day by day, and the requirements for property management quality are also increasing correspondingly, and property disputes are increasing day by day. In particular, disputes over property service contracts caused by owners' refusal to pay property fees on the grounds that the quality of property service is inconsistent with the property service contract have increased year by year, but the growth rate has gradually stabilized after experiencing a rapid growth stage. The cases of property disputes are generally on the rise year by year, and the cases of owners' committees defending rights and suing property service enterprises on behalf of owners are increasing. (2) The types of cases are relatively concentrated, with many group lawsuits and great social impact. On average, more than 97% of cases are sued by property service enterprises for urging owners to pay property management fees, which is the main type of cases. The rest are related to property infringement disputes, parking spaces, vehicle management disputes, maintenance disputes, and disputes over the owners' right to cancel in the community. The causes of property disputes are usually the payment of property management fees, the quality of property services and other issues involving the interests of all owners. When a dispute occurs, the owners have reached a certain understanding of the dispute, and sometimes they will take a certain community as a unit to conduct litigation through group behavior, which has the potential factors of group disputes and has a great social impact. (3) The defendants are mostly owners, and the success rate of property service enterprises is high. As the main type of property disputes, property service contract disputes are mostly brought by property service enterprises, with a high success rate. (D) The mediation of property disputes is difficult and the mediation rate is low. In litigation practice, many owners think that the property service standard is opaque, the charging basis is unclear and the property service is not in place. After many unsuccessful negotiations with the property service company, he resented the property service company and refused to pay the property fee. Because of the fierce contradiction between the owners and the property service enterprises in such cases, even if the amount involved is not high, it is difficult for both parties to reach a mediation agreement. (5) The relationship between the parties to the property dispute and the law is complex, and there is a tendency to increase new types of cases, which is difficult to hear. Litigants in property dispute cases include owners, property users or community owners' committees, as well as property service enterprises and real estate development enterprises, which may involve the relationship between owners and property users, owners or property users and property service enterprises, infringement, real estate development enterprises and property service enterprises, and owners' committees and property service enterprises. Judging from the types of cases, the types of disputes are diversified, and new types of cases are increasing. Complaints about property disputes can be handled by the parties submitting personal materials, litigation materials and evidence to the court. Complaint refers to the behavior of citizens, legal persons or other organizations who think that the result of handling a problem is wrong, but state the reasons to the relevant state organs and ask for re-handling. It is also a way for citizens to safeguard their rights and interests. And it has legal effect. There are two kinds of appeals. One is that the parties or other relevant citizens refuse to accept the legally effective judgment or ruling and request the court or procuratorial organ to handle it again according to law. Second, when the staff of state organs or members of political parties and associations are dissatisfied with the punishment, they should put forward their opinions to the original organs, organizations or higher-level organs and organizations.