物业管理合同种类辨析

Discrimination of the Types of Property Management Contract

物业管理合同是现代物业管理法律关系中最为核心的内容。前期物业管理合同与普通物业管理合同是物业管理中两个相互衔接的合同 ,两者在合同的签订时间、主体以及期限方面都有所不同。通过对物业管理合同与雇佣合同、承揽合同、委托合同的比较分析 ,提出物业管理合同是包括诸多法律因素的混名合同 。

Property management contract is central to the legal relationship established by property management. The preliminary property management contract and a standard property management contract are two contracts which combine with each other in property management. They are different in the time of signing contract, the parties of contract ,and the period of contract and so on. Through comparing property management contract with contract of employment, contract for work and contract of mandate, the author thinks property management contract is a mixed contract including several legal factors of typical contract. It is necessary to give property management contract a typical legal name.