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随着高楼大厦的渐次林立和不同规模住宅小区及住宅楼群的兴起,住宅小区的物业管理在城镇居民生活中显得更加重要,因物业管理活动而产生的民事纠纷也不断增多。近年来诉讼法律较多的主要有小区业主的人身及财产损害赔偿案件等,这类案件的处理均涉及到物业管理活动中的民事法律诉讼。如何准确把握物业管理活动中的民事法律关系及其构成要素是处理该类案件的关键所在。1.物业管理民事法律关系主要是业主和物业管理者之闻的委托合同关系,是物业管理民事法律关系的特点顾名思义,业主就是住宅内房屋及附属设施的所有权人,物业管理者通常可理解为物业管理经营人从事物业管理的物业管理公司,也包括一些低层次的物业管理组织或管理人员,如住宅楼的住户雇佣的负责安全事宜的保安人员及负责卫生清扫的清洁卫生人员。物业管理者享有管理住宅小区或住户及附属设施的权利,履行物业管理服务的义务,其权利和义务来源于业主对物业管理事项的委托,物业管理受业主委托对物业进行管理,相互之间形成的法律关系就是物业管理民事法律关系,它是平等主体之间的民事委托合同关系,物业管理及业主之间就物业管理问题进行协商等法律行为都是围绕这一民事法律关系展开的。比如某住宅小区要选聘一家物业公司来管理本小区的房屋及设施,涉及到业主相互之间就管理形式和管理方法进行协商,如何参与物业管理等法律行为,都是围绕委托合同关系而进行的。所以物业管理就是指业主和物业管理之间的委托合同关系。
With the rise of high-rise buildings and the rise of residential and residential buildings of different sizes, the management of properties in residential quarters becomes more and more important in the living of urban residents and the number of civil disputes arising from property management activities has also been on the rise. In recent years, the litigant law mainly includes personal and property damage compensation cases of residential land owners. The handling of such cases involves civil lawsuits in property management activities. How to accurately grasp the civil legal relations in the property management activities and its components is the key to dealing with such cases. 1. Property Management Civil law is mainly the relationship between the owners and property managers heard the contract relationship is the property management of civil law relations as the name implies, the owner is the owner of housing and ancillary facilities, property managers can usually be understood as Property Management Operators Property management companies that carry out property management also include low-level property management organizations or management personnel such as security guards employed by households in residential buildings and sanitation and sanitation personnel responsible for sanitary cleaning. Property managers enjoy the right to manage residential quarters or residents and ancillary facilities to fulfill the obligations of property management services, the rights and obligations from the owners of property management matters commissioned by the property management commissioned by the owners of the property management, mutual formation The legal relationship is the civil legal relationship of property management, which is the relationship between civil entrustment and contractual relationship between equal subjects. The legal acts such as property management and property management among property owners are all conducted around this civil legal relationship. For example, a residential area to hire a property company to manage the district’s housing and facilities, involving the owners of each other on the management style and management methods for consultation, how to participate in property management and other legal acts, are commissioned by the contractual relationship of. Therefore, property management refers to the relationship between the owners and the property management commission contract.