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Did not sign content to be in charge of service contract owner to should pay pro
From;  Author:Stand originally

Village part owner runs a company with A property (company of A of the following abbreviation) did not sign property management with owner or development business reject to pay property administration fee for the contract.
A company thinks he is the B company that runs via having early days property in this village formerly agrees, replace B company to continue property management serves. Although develop business to did not sign property government contract with its, village owner committee holds water after, also did not engage A company, signed property management to serve a contract with C company however, but before B company withdraws to enter a village to C company, a company undertook property management serves actually, have administration fee of authority collection property and fine for delaying payment.
Owner thinks however: Development business and owner committee all did not retain A firm, also did not sign a contract with its, did not build service and the right obligation that are served to concern, because the qualification of litigant main body of this A company nots agree with; Basis " regulation of Shanghai living property " the 25th the 2nd section provision, need not pay property administration fee, request court rejects his to sue. First instance adjudicates a result: Basis of court of first instance " regulation of Shanghai living property " the 24th mix the 54th the 1st times to set the 2nd times, adjudicate owner pays property administration fee and overdue fine.
Owner refuses to obey afore-mentioned court decisions, mention appeal. Owner basis " regulation of Shanghai living property " this byelaw place calls " of the 3rd the 4th regulation property management company, it is to point to accept owner or the commission of owner committee, according to property management service contract undertakes major runs the company of the service. According to property management service contract undertakes major runs the company of the service..
18 the 2nd also emphasizes property management company accepting entrust be engaged in property management serving, ought to sign " property to manage service contract " . That is to say, undertake property government service must sign a contract.
And " contract law " the 10th the 2nd also proclaimed in writing stipulates regulation of " law, administrative regulations uses written form, ought to use written form. "Because the behavior of this A company is belonged to,do not have contract management, or " proper motion offers service " . Think by A, B the agreement of two companies or agree to be able to undertake property management serves to be not had at the law according to, also do not have sanction to owner. Because this owner does not pay property administration fee and overdue fine,also have at the law according to. Details of a case analyses: The characteristic of this case depends on looking seem simple property government issue, the law that because manage " ,the " in still including civil code actually does not have concerns. Because A company is not to have contract management, according to " byelaw " the 25th the 2nd, owner " need not pay " property administration fee also have legal basis. Because this is mere according to " byelaw " concerned regulation sentences your owner to pay administration fee, the basis is insufficient.
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