物业服务合同若干法律问题研究

Research Into Legal Issues of Realty Serving Contract

物业服务合同作为一种民事合同 ,是平等主体之间签订的合同 ,现有合同种类难以涵盖物业服务合同的特点 ,应当被视为一种新的合同类型 ;在物业服务合同中 ,业主委员会的法律地位比较特殊 ;物业服务合同的解除应当遵循《合同法》的约定 ,业主不能任意解除物业服务合同 ;物业管理企业承担的责任应当根据物业服务合同的约定及法律规定来确定 。

A realty serving contract is made between parties which have equal legal status as a civil contract. The contract prescribed in Contract Law cannot cover the character of a realty serving contract, so it should be treated as a new type of contract. One party of the realty serving contract, the owner or the owner committee, has special legal status which can not dissolve the contract at will. The liability of a realty serving corporation should be determined by Contract Law and the realty serving contract.