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2. Legal basis: Article 490th of the Civil Code of People's Republic of China (PRC).
If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
2. What is the subject of the property service contract?
The main body of the realty service contract are:
1. Construction unit: The construction unit refers to the development unit of the relevant property. According to the relevant laws and regulations, the construction unit should choose a realty service enterprise with corresponding qualification grade to undertake the service activities within the realty management area before selling the property. When concluding a property sales contract with the property buyer, the construction unit shall incorporate the contents of the previous property service contract into the property sales contract;
2. Owners' committee: The owners' committee is elected by the owners' congress and is the executive body of the owners' congress. Represent the interests of the owners, implement autonomous management and safeguard the legitimate rights and interests of the owners. The owners' committee has been approved and registered by the relevant administrative organs of the government according to law and obtained legal qualifications. The owners' committee has the right to sign property service contracts with property service enterprises on behalf of the owners, and has the right to supervise the service level of property service enterprises, the implementation of service contracts, property management service charges and their use;
3. Property service enterprise: Property service enterprise refers to an enterprise that has obtained the qualification certificate and business license of the property service enterprise, accepted the entrustment of the owner or the owners' meeting, conducted professional management according to the property service contract, and implemented paid services. Property service enterprises have the right to manage the property in accordance with the property management measures and property service contracts, collect management fees in accordance with the property service contracts, and may hire professional service companies to undertake special service business within the property management area, but may not entrust the overall service business to others.