Concern: The Supreme Court Issued Two Judicial Interpretation Of Property Law

Building Ownership and Property Services is related to the vital interests of the masses, is also related to property services firm and healthy development of normal operation. On the 24th Supreme People's Court announced the "Trial of condominium ownership disputes the application of law to explain the problem," and "On the hearing of property services disputes the application of law to explain the problem," and will be October 1, 2009 into effect.



"Supreme People's Court issued judicial interpretation of these two is to explain the form of unity through judicial referee scale, maintaining the authority of the law, really good job in condominium ownership and property services disputes in civil trials. The Supreme People's Court Leader said that the two judicial interpretations in property law and other laws within the framework of the demand based on trial practice, focused on enhancing the operability of the law. panasonic lumix fz50

kodak v570 digital camera

"On hearing specific cases of condominium ownership disputes, the interpretation of Application of Law," a total of 19 "on the trial property services disputes the application of law issues in the interpretation of" a total of 13. These two judicial interpretations related to condominium ownership and property services disputes a number of trial practice in hot and difficult issues, including: the definition of owner identity, and shared part of the exclusive part of the delimited area of the calculation of the number of owners the scope of rights and obligations, parking garage dispute handling, self-important matters of the scope of the owners, lived to change the handling business disputes, the stakes identify the owners, the owners and the owners of the exercise of the right to revoke the right to information and protection; property service contract on the owners binding force and effect, the property services company of breach of contract commitment, the owners prejudice to the property services business management accountability, management fee disputes, property disputes, contract lifting and handling of the corresponding property and other permitted users.



It is understood that, in recent years, with the deepening of China's housing reform, property rights and interests related to the increasing number of disputes, increasing pressure on judicial practice. Because property law and other laws of the relevant provisions of the comparison principle, also different parts of the understanding, trial practice on how to correctly understand and apply the provisions of property law and other laws of many problems to be solved. At the same time, many NPC deputies, CPPCC members also suggested that the form of the proposal hope the Supreme People's Court issued timely and relevant judicial interpretations.



Supreme People's Court since the beginning of 2003 started to expand the development of the property rights dispute cases dealing with judicial interpretation of the relevant preparation and research work. In early 2007, "on hearing specific cases of condominium ownership disputes, the interpretation of Application of Law" and "On the hearing of property services disputes the application of law issues in the interpretation of" official project. Here, the Supreme Court conducted extensive research, analysis and argument, repeatedly sought the views of relevant departments and the community. After several years of drafting of the development work, introduced two final judicial interpretation.



Supreme People's Court official said, two judicial interpretation of the drafting of the development work based on the judicial interpretation of functional position, in strict accordance with the spirit of property law and other legal requirements, to ensure consistent interpretation of the contents of the legislative purpose and objectives; attention to condominium ownership and property legal relations services to equal protection of interests of all parties strive to achieve a balance of rights and obligations among the parties; close to trial practice in hot and difficult issues, not Tandaqiuquan, effective practice for the trial judge to provide a unified basis; in meeting the trial practice on the basis of need, reasonable legal theory reference to ensure doctrinal propriety.