Job Recruitment Website - Property management company - According to the civil law, the property cannot be cut off from water and electricity.
According to the civil law, the property cannot be cut off from water and electricity.
Property service contract and water supply and power supply contract are two independent contracts, involving different parties. The opposite party to the water supply and power supply contract of the community owner is the water supply company and the power supply company. According to the principle of consistent rights and obligations, water users have the obligation to pay utilities, and water supply and power supply companies have the obligation to supply water and power in accordance with the agreement. In other words, water users have the right to demand water supply and power supply, and water supply and power supply companies have the right to charge corresponding utilities.
According to the principle of exercising the right of defense in the performance of the bilateral contract, the water supply and power supply company may refuse to perform the obligation of water supply and power supply if the water user fails to perform the obligation of paying utilities, that is, the water supply and power supply company has the right to stop water supply and power supply at this time. It can be seen that the right holders who have the right to cut off water and electricity are water supply companies and power supply companies rather than property service companies. In the property service contract, it is unreasonable for both parties to agree to give the property service enterprise the right to stop water and power supply if the owner does not pay the property service fee, because this agreement violates the rights of water supply and power supply providers. In contract law, this is a contract clause involving others, and this clause must be approved by a third party, that is, the water supply and power supply party, otherwise it will be invalid. Moreover, because the obligation of water supply and power supply corresponds to the obligation of paying water and electricity charges, even if the water supply and power supply company authorizes the property service enterprise to collect water and electricity charges on its behalf, and water and electricity can be cut off as a means of charging, the property service enterprise cannot demand to pay the property service fee by cutting off water and electricity, because water supply and power supply are not services provided by the property service enterprise, and the scope of authorization of the water supply and power supply company is limited. Legal basis: Civil Law
Paragraph 3 of Article 944 stipulates that a property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.
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