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7.1 property management serve a risk to be on guard case is analysed 4

From;  Author:Stand originally

One flatlet produces some garden that A property runs limited company government, was 1992 by join the gang of development business pay, this house property buys a person to tie Guilin B company, b company comes to just dealt with formalities of join the gang in June 2001 all the time. When formalities of conduction join the gang, a property manages a company to put forward, b company should be handed in reached corresponding fine for delaying payment to the property administration fee 2001 in January 1993, aggregate 23000 yuan. B company paid afore-mentioned fee, expropriated house property, handled estate card in December 2001. B company entrusts a lawyer after to forensic to lodge a complaint, the request is sentenced make return afore-mentioned total money that already paid. The prime cause that B company advances in front courtyard careful is, this company never used house property before in June 2001, should not pay afore-mentioned fee; A company thinks, a company begins to offer property management to serve from 1993, no matter B company whether join the gang, whether to use house property, should pay afore-mentioned money. Through one, careful of 2 careful court is fat, the court thinks before June 2001, b company both neither is the droit person of house property, use a person actually also not be house property, because this is not of property administration fee,assume a person, a company has authority collection property to manage a service to expend, but should to relevant object collection. Forensic final judgment adjudicates: Sentence your A company to return the total money of personal collection, bear litigant cost.

Brief analysis:

Afore-mentioned controversy attribute administration fee dispute, whether is the focus of controversy depends on B company the legal obligation principal part that pays property administration fee, b company should begin to assume this obligation from when. Property administration fee is the creditor's rights that the unit provides a service and arises because of property management, the legal principal part in this legislation impact is the droit person of house property and property company, the person is in house property droit obtain all before, may gain access. But house property property is certain with land branch register to allow, attribute action of law wanting form. Because did not handle house property card,B company is in before join the gang and did not make house property property person, also did not use house property to enjoy the service of A company, do not assume the obligation that pays administration fee lawfully. Begin to carry out from September 1, 2003 " property regulation " , the compulsory principal part that stipulated property management serves cost to hand in clearly also is owner (namely droit person) . Because this is in real operation, the collection time of property administration fee in order to deal with the prior in house property card and 2 time that inform join the gang of time a time begins. Other plan receiving time is devoid basis.
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