物业管理合同的性质及其法律适用

The Nature of Reality Management Contract and Its Application of Law

物业管理合同是我国现行立法肯认的一种有名合同,但因法律规定过于简陋、主体交易经验的积淀欠缺、市场发育不成熟等因素,再加上对该类合同相关问题理论认识不一,导致物业管理合同在履行过程中产生很多纠纷。讨论物业管理合同的法律性质,进一步确定其法律适用规则,在法律适用过程中充分体现对当事人意思自治的尊重,对妥当解决纠纷,彰显民法的基本精神,具有重要意义。

Reality management contract is a type of classified contract defined by current law of China, but relative laws a too simple. And since there are not adequate experience of the transactions, the market is not quite mature, theoretical problems exist related to that type of contract, there are many disputes in this area. It is of importance to discuss the nature of reality management contract, set the rules of application of law, and embody the freedom of will of the parties. Only in this way could it be possible to sole the disputes and perfect relative regulations on such contract, and demonstrate the spirit of civil law.