我国物业服务合同法律问题研究  

Research on Legal Issues of Property Service Contracts in China

作　　者：殷红梅 

机构地区：[1]贵州师范大学法学院,贵州 贵阳

出　　处：《法学（汉斯）》2023年第5期4587-4592,共6页Open Journal of Legal Science

摘　　要：我国《民法典》颁行后,物业服务合同作为典型合同正式入典。物业服务合同基于其特有的属性成为典型合同,但也正是由于其特殊性,法律法规对其特殊的主体和权利义务等缺少明确的界定,这使得物业服务合同在履行过程中产生了诸多纠纷和争议,亟待解决。为了保证物业服务合同的顺利履行并减少纠纷的发生,本文以理论与实践研究作为基础,结合物业服务合同的特殊之处及由其产生的法律问题进行了深入分析,认为可以明确合同主体、将合同主体权利义务具体化,并且进一步完善业主的任意解除权的相关规定。After the promulgation of the Civil code of our country, the property service contract was formally codified as a typical contract. Property service contracts have become typical contracts based on their unique attributes, but it is precisely because of their particularity that laws and regulations lack clear definitions of their special subjects, rights, and obligations. This has led to many disputes and controversies during the performance of property service contracts, which urgently need to be resolved. In order to ensure the smooth performance of property service contracts and reduce the occurrence of disputes, this article is based on theoretical and practical research, combined with the special characteristics of property service contracts and the legal issues arising from them. It is believed that it is possible to clarify the contract subject, concretize the rights and obligations of the contract subject, and further improve the relevant provisions on the owner’s right to arbitrary termination.

关 键 词：实证研究 物业服务合同 业主任意解除权 

分 类 号：D92[政治法律—法学]