Authoritative release

The Interpretation of the Supreme People’s Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes has been published in2009yearfourmoontwentyBy the the Supreme People’s Court Municipal Judicial Committee1466Through the meeting, is hereby promulgated, since2009year10moononeIt will be implemented on the day.

　May 15th, 2009　

Law interpretation [2009〕eightnumber

the Supreme People’s Court

On the specific application of law in the trial of property service disputes

Interpretation of some problems

(2009yearfourmoontwentyThe Supreme People’s Court Judicial Committee No.1466Adopted at the meeting)

In order to correctly hear cases of property service disputes and protect the legitimate rights and interests of the parties in accordance with the law, this interpretation is formulated in accordance with the General Principles of the Civil Law of People’s Republic of China (PRC), the Property Law of People’s Republic of China (PRC), the Contract Law of People’s Republic of China (PRC) and other legal provisions, combined with civil trial practice.

　　the first　The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners’ committee and the realty service enterprise selected by the owners’ congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people’s court will not support it.

　　the second　In any of the following circumstances, the people’s court shall support the owners’ committee or the owners’ request to confirm that the contract or the relevant provisions of the contract are invalid:

　　 (one)The entrustment contract signed by the realty service enterprise that entrusts all realty service businesses in the realty service area to others;

　　 (two)Clauses in the realty service contract that exempt the realty service enterprise from liability, increase the liability of the owners’ committee or owners, and exclude the main rights of the owners’ committee or owners.

　　The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

　　Article　If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and maintenance obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, and the owner requests the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, the people’s court shall support it.

　　The service commitments made publicly by the realty service enterprise and the service rules formulated shall be recognized as an integral part of the realty service contract.

　　Article 4　The people’s court shall support the owners who violate the property service contract or laws, regulations and management regulations and conduct acts that hinder the property service and management, and the property service enterprise requests the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and eliminating the obstruction.

　　Article 5　The people’s court shall support a realty service enterprise that, in violation of the stipulations of the realty service contract or the provisions of laws, regulations and departmental rules, arbitrarily expands the charging scope, raises the charging standard or charges repeatedly, and the owner raises a defense on the grounds of illegal charging.

　　If the owner requests the realty service enterprise to refund the illegal fees it has collected, the people’s court shall support it.

　　Article 6　If the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable time limit after being urged in writing, and the property service enterprise requests the owner to pay the property fee, the people’s court shall support it. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people’s court will not support the owner’s defense only because he does not enjoy or need to accept relevant property services.

　　Article 7　If the owner and the lessee, borrower or other user of the property agree that the user of the property will pay the property fee, and the property service enterprise requests the owner to bear joint liability, the people’s court shall support it.

　　Article 8　After the owners’ congress decides to dismiss the realty service enterprise in accordance with the procedures stipulated in Article 76 of the Property Law, if the owners’ committee requests to terminate the realty service contract, the people’s court shall support it.

　　Where a property service enterprise claims the property fee to the owners’ committee, the people’s court shall inform it to claim the right to the owners who are in arrears with the property fee.

　　Article 9　After the termination of the rights and obligations of the realty service contract, the people’s court shall support the owner’s request to the realty service enterprise to refund the property fees that have been received in advance but have not yet provided the realty service.

　　Where a realty service enterprise requests the owner to pay the property fee in arrears, it shall be handled in accordance with the provisions of Article 6 of this Interpretation.

　　Article 10　After the termination of the rights and obligations of the realty service contract, if the owners’ committee requests the realty service enterprise to withdraw from the realty service area, hand over the realty service premises and related facilities, as well as the relevant information necessary for realty service and the special maintenance funds entrusted by it, the people’s court shall support it.

　　The people’s court will not support the realty service enterprise’s refusal to withdraw or hand over and requesting the owner to pay the property fee after the termination of the rights and obligations of the realty service contract on the grounds of the existence of a de facto realty service relationship.

　　Article 11　The provisions of this interpretation concerning property service enterprises are applicable to other managers mentioned in Articles 76, 81 and 82 of the Property Law.

　　Article 12　The people’s court shall handle the disputes over property services caused by the lessee, borrower or other users of the property who violate the property service contract and the laws, regulations or management regulations with reference to the provisions of this interpretation on the owners.

　　Article 13　This explanation comes from2009year10moononeIt will be implemented on the day.

This interpretation is not applicable to cases that have been finalized before the implementation of this interpretation, and the parties apply for retrial after the implementation of this interpretation or decide to retry according to the trial supervision procedure.