物业服务合同立法若干问题探讨

Discussion on Several Issues of Realty Service Contract Legislation

随着我国住宅商品化改革的推进,物业服务合同因而成为最为重要的物业管理方式。我国正在制定的民法典合同编应当将物业服务合同作为独立的有名合同加以规定,明确界定物业服务合同的主体,妥当协调建筑物区分所有权和物业服务合同两个制度之间的关系,有效规范前期物业服务合同的内容,强化对业主权利的保护。此外,民法典合同编还应当明确界定业主任意解除权的行使范围,以更好地平衡业主与物业服务企业之间的利益。

With the advancement of China＇s residential commercialization reform, realty service contract has thus become the most important property management method. Contract General of Civil Code under development in China should stipulate the realty service contract as an independent named contract, clearly define the main body of the contract, properly co- ordinate the relationship between the building ownership and the realty service contract, effectively regulate the content of the preliminary service contract as well as strengthen the protection of the owner＇s rights. In addition, Contract General of Civil Code should also clearly define the scope of the owner＇s rights to the right of termination without any reason, so as to better balance the interests between the owner and the property service enterprise.