1. After the property service enterprise fails to eliminate the potential safety hazards in the residential area in time, it shall bear the liability for breach of contract and compensate the owners for their losses-Chen Mou Hao v. Nanjing Wuning Real Estate Development Co., Ltd. and Nanjing Qinghe Property Management Co., Ltd. [the Supreme People’s Court Gazette, No.5, 2013].

Essence of the case: The property service enterprise has the obligation to maintain the common part of the community, and the potential safety hazards of the common part of the community that may cause damage to the property of the owners should be eliminated in time, otherwise, the property service enterprise should bear the liability for breach of contract and compensate the owners for their losses. Even if the potential safety hazard is caused by a third party, the property service enterprise cannot be exempted from the liability for breach of contract. If the shared part of the community is damaged to the owner’s property due to the third party’s infringement, the property service enterprise can be responsible for the situation that the property service enterprise has fulfilled its maintenance obligations, and the third party’s infringement is unpredictable and inevitable. After being damaged, the property with greater value may be reduced not only in objective value but also in people’s psychology, which is called value depreciation. According to the theory of liability for breach of contract, the way to assume the liability for breach of contract is to restore the original state first, and restoration will definitely require compensation for the value depreciation of the property. As a seller of commercial housing, a real estate development enterprise has fulfilled its obligations to the owners of the residential area after selling the house and transferring the ownership of the house, and the residential area of commercial housing has been closed, provided that there are no quality defects in the houses sold and the common parts, and does not need to bear the responsibility.

2. In the absence of agreement, some of the profits generated during the property management of the property service enterprises belong to all owners, and the property service enterprises enjoy a certain proportion of profits-Wuxi Chunjiang Garden Owners Committee v. Shanghai Lujiazui Property Management Co., Ltd. and other property management disputes [the Supreme People’s Court Gazette, No.5, 2010].

Essence of the case: According to Article 72 of the Property Law of People’s Republic of China (PRC) (now Article 273 of the Civil Code), the owner enjoys the rights and undertakes the obligations for the common part other than the exclusive part of the building. A total of part of the income generated during the property management of property service enterprises (including pre-property management) shall belong to all owners without special agreement, and shall be mainly used to supplement the special maintenance funds of the community. Property service enterprises can enjoy a certain proportion of income if they manage the common parts.

3. The property service contract signed by the owners’ committee and the property service enterprise selected by the owners’ congress according to law is binding on all owners-Hangzhou Qiantang Property Management Co., Ltd. v. Wang Moufeng [Selected Cases of the People’s Court, No.4, 2015]

Essence of the case: The property service contract signed by the owners’ committee and the property service enterprise selected by the owners’ congress according to law is binding on the owners. The object of property service is all the owners of the community. The objection of individual owners to the performance of the property service contract cannot represent the opinions of all the owners, which is not enough as a reasonable reason for individual owners not to pay property fees.

4. Property handover is the collateral obligation of the property service contract-the case of property service between the owners’ committee of Dayonggu Building in Haicang, Xiamen and Xiamen Haitou Property Company [Selected Cases of People’s Court, No.3, 2010].

Essence of the case: Property handover is an obligation that the property management company must undertake after the termination of the property service contract, which is actually the "incidental contractual obligation" stipulated by law. If the property management company causes damage to the owner in order to fulfill this obligation, it should be liable for compensation. In the early stage of property management, before the establishment of the owners’ committee, the property company should still perform the handover obligation after the termination of the property service contract. At this time, it should hand over the property management to the client, that is, the developer.

5. After the termination of the property service contract, in terms of the return of the archives of the public maintenance fund, the industry committee has the qualification of litigation subject-the case of the property service contract of Xiamen Yihe Building Owners Committee v. Xiamen Haiyi Building Management Co., Ltd. [Case published in "A Summary of Trial Cases in China].

The gist of the case: while safeguarding the interests of all owners, the industry committee can manage and receive the archives of the public maintenance fund on behalf of all owners, and because the archives of the public maintenance fund belong to all owners, the recovery of these archives by the industry committee is to safeguard the owners’ rights and also a manifestation of all owners’ exercise of their rights. In addition, when the property management service contract is terminated, the archives will be handed over to the industry committee for custody, which is also conducive to the transfer of these materials to the new property management company for custody when hiring a new property management company. Therefore, the industry Committee should have the qualification of litigation subject.

6. If the property service enterprise manages the parking spaces shared by the owners of the residential area based on the property service contract, it will not naturally get the right to charge parking fees because of the management behavior-Haian Tianbao Property Co., Ltd. v. Xu Moshu and Yuan Moli [People’s Justice. Case No.29, 2018]

Essence of the case: If the ground parking spaces in the commercial housing community, whether planned or temporary, are set on the ground of the community jointly owned by the owners, there is no special agreement between the developer and the owners, and exclusive property rights cannot be registered. According to the third paragraph of Article 74 of the Property Law (now Article 275 of the Civil Code), they should belong to the owners of the community. It is a contractual obligation for property service enterprises to manage parking spaces in residential areas based on property service contracts, and they are not entitled to collect parking fees because of management behavior. If the charges are neither based on the property service contract nor authorized by the parking space owner, the people’s court shall support the owner’s defense on the grounds of expanding the scope of charges without authorization or charging illegally.

7. When the owners’ meeting is not established, the price standard of property fees unilaterally applied for filing and adjustment by the property service enterprise without consulting the owners is not binding on the owners-Qujing Jiaheng Property Service Co., Ltd. v. Wang Momin and Chen Mou Property Service Contract Dispute Case [People’s Justice. Case No.5, 2018].

The gist of the case: the owner does not directly participate in the conclusion of the preliminary property contract. According to Article 25 of the Property Management Regulations, the house sales contract should include the contents of the preliminary property contract, so the preliminary property contract is transformed into a sales contract and has effect on the owner. At the same time, based on the publicity of property services, the owners usually accept the property services in fact. Before the dispute occurs, the owners may actually pay the property fees, which can be regarded as the owners’ recognition of the contractual relationship with the property service enterprises by their actions. The adjustment of the property fee price belongs to the change of the contract content. Any party who needs to change the contract content must reach an agreement with the other party to the contract through consultation. In the case that the owners’ meeting is not established, the property service enterprise has not consulted with the owners, and the price standard of property fees unilaterally applied for filing and adjustment is not binding on the owners.

8. If the owner has repeatedly parked the vehicle without reasonable persuasion and refused to sign a commitment to abide by the management convention, the property has the right to manage the illegally parked vehicle according to the management convention, and delete the automatic identification information of the vehicle-Zhou et al. v. the property service contract dispute case of the property company [People’s Court reported the 3rd edition on July 23rd, 2020].

Essence of the case: In order to solve the parking dispute caused by too many cars, the property management company formulated a vehicle management convention on the basis of combining the suggestions of the owners and the mediation opinions of relevant departments, and after collecting opinions, it was approved by more than two-thirds of the owners, and the vehicle management convention was binding on the owners of the community. The vehicle driven by the owner has repeatedly failed to park according to the regulations, refused to listen to reasonable and civilized persuasion, and refused to sign a commitment letter to abide by the management convention. In order to ensure the fire safety of the community, the property has managed the illegally parked vehicles according to the management convention and deleted its automatic vehicle identification information. There is no obvious misconduct. The people’s court will not support the owners’ request for the community to restore their right to freely enter and leave the community.

9. The payment of property fees does not depend on the existence of a physical house —— A property service company v. Zhang [People’s Court Daily, 7th edition, December 01, 2011]

The gist of the case: when there is no house on the land occupied by the original house, whether the real estate right holder registered with the real estate registration agency still has the obligation to pay the property fee should be considered from three aspects. First, whether the actual absence of the house affects the owner qualification of the registered right holder; Second, whether the property service contract between the property service enterprise and the owner exists in the relevant period; Third, whether the property service enterprise completes the property service content according to the contract. Although there was no housing entity on the land of the original house involved in the case, Zhang knew it and registered it as the right holder when buying a house. The responsibility was not in the property service enterprise, and the service obligation of the property to the owner did not disappear because the house did not exist. The reduction of property fees is based on the premise that the service is defective. The property company has properly fulfilled its property service obligations, and Zhang, as the owner, should pay the corresponding property fees. The absence of a housing entity cannot constitute a reason for exempting the owner from paying the property fees.

10. How to correctly apply the judgment rule of "the same case and the same judgment" to the group arrears lawsuit filed by the court against the property company after the property company won the "selective arrears lawsuit"-Guangzhou Kequan Property Management Co., Ltd. v. Liu Moujun and Li Mouling [Selected Cases of the People’s Court, No.1, 2012].

Essence of the case: Although "the same case and the same judgment" requires the judicial decision to maintain the horizontal balance and vertical continuation of the decision on the premise of adhering to the concept of integrity, every case should be based on facts and take the law as the criterion, so as to achieve judicial justice. Because the specific circumstances of the litigation before and after the property management company are different, in the trial of a case, we should not be completely bound by the effective judgment, but accurately analyze the specific circumstances of the case, with the main goal of solving problems and resolving contradictions, so as to ensure that the trial of the case has good legal and social effects.

Source | Approaching the Civil Code and the House of Law and Business.

Original title: "10 authoritative cases about property service contract disputes"

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　　Netease announced its financial report for the second quarter ended June 30, 2024 yesterday. The data showed that the net revenue of the quarter reached 25.5 billion yuan, a steady growth of 6.1% compared with the same period last year. However, the net profit attributable to Netease shareholders was 6.8 billion yuan, which showed a certain degree of decline compared with 7.6 billion yuan in the previous quarter and 8.2 billion yuan in the same period last year.

　　In the subsequent earnings conference call, Hu Zhipeng, vice president of Netease, shared about "World of Warcraft"Positive progress after the return:" After the return of World of Warcraft, we saw that the return of players was very positive, and all the data exceeded our previous expectations. The proportion of new and old players is about 4:6. This shows that this game has the ability to attract new players on the basis of continuously attracting old players to return. "

　　Hu Zhipeng further pointed out: "The return of games will undoubtedly increase the company’s income in end-game travel. Blizzard’s other games will return one after another. We have established a close relationship and consensus with the Blizzard team of each product. I think the return of the game is not just an operation to restart the server, but to be fully prepared to bring a better experience to the players. After this return, Blizzard and Thunder Fire R&D team directly established a point-to-point deep cooperation. I believe this will lay a good credit foundation for other in-depth cooperation in the future. "

　　In addition, Hu Zhipeng also revealed the important information of the game update plan: The expansion of World of Warcraft: Battle of the Center of the Earth will be released globally on August 27th, marking the first large-scale content update after the return of the national costume. At the same time, another classic game of Blizzard, Hearthstone, is also scheduled to return on September 25th. At that time, players will have the opportunity to get all the missed cards in 2023 for free as a special benefit.

　　In 2022, Spring Festival travel rush kicked off on January 17th. Under the epidemic situation, Spring Festival travel rush in Tianjin attracted special attention. How to ensure the safe and smooth travel of passengers who really need to leave Tianjin under the condition of strictly controlling the risk of epidemic spillover is a big challenge for the relevant departments in Tianjin. The reporter went to Tianjin railway station, airport and other places to visit the relevant situation, and learned how transportation hubs such as major stations in Tianjin can prevent the epidemic from spilling over and ensure passengers’ travel.

Perhaps AMG is seeking a new challenge after installing a new hybrid system for its One supercar which is close to Formula One racing power. However, this hybrid system is undoubtedly the most complex power system in the new model market, which shows that AMG is undergoing an innovation in the era of the popularity of hybrid and electric vehicles. Overall, this C-class car with the highest performance and closest to Formula One racing car has 671 horsepower and three motors. One of the most powerful motors has its own two-speed transmission, which rotates concentrically with the rear axle. The other motor is installed in front of the most powerful mass-produced four-cylinder engine. Finally, AMG integrates the third motor into the turbocharger, mainly to increase the power in advance to minimize the delay. To understand all this, you need a chart [see "AMG’s new hybrid technology analysis"].

When C63 was not listed in the United States, we went to the south of France for a comprehensive test. Why not just call it southern France? French architecture is really not that simple. ) In the slow stop-and-go traffic, it is amazing how C63′ s power system works so seamlessly and harmoniously. We often joke that a vehicle with poor performance will feel like a bunch of parts running closely together, but C63 is like a bunch of power systems. In the default comfort mode, the engine will be turned on and off frequently, and the shutdown process is very smooth. Even under its high torsional performance (469 horsepower, 235.6 horsepower/liter, peak boost pressure of 23.0 psi), the smoothness of some shifts even exceeds that of some transmissions. However, under this condition, the sound of this latest and most powerful M139 2.0-liter inline four-cylinder engine may sound a little sharp and noisy; In other words, it may sound like it sometimes does — — Generator.

Driving in the coastal area south of Marseille, we will meet the narrow road of Barely A Lanewade in a small town, which makes the C-class car look more like the S-class car immediately. There are some peculiar trapezoidal deceleration pads in France, the size of which is roughly equivalent to the track width of vehicles, and vehicles need to cross them. Once we get over these deceleration pads, we will realize that the sliding vehicles depicted on the sign and reading Verglas Fréquent (meaning "frequent ice") mean that we are approaching the best roads, which seem to be paved by a dog chasing its tail.

You can feel the texture of the road on the steering wheel, and when driving in the central position, the power output is very deep and there is no resistance, which can resist the unlimited autobahn speed. The damping in the central position is also moderate, which is completely different from the latest adjustment style of BMW M3. When turning, the vehicle speed responds quickly, but the power output after that is somewhat smooth and delicate. In sport mode and above, the engine keeps running and makes a "bang" sound and a "giggle" sound when accelerating vigorously. The optional AMG Performance sports seat is very supportive, especially in the thigh, and the adjusted side support and lumbar support are also excellent. Although the rear seats can accommodate adults, the space is not spacious.

In the highest gear, the engine sound is urgent and not full of energy. Under the wide throttle, the noise inside the car remains polite at 78 decibels, which is quite different from the 83 decibels of the predecessor V8 Predecessor of C63. In sports+and racing mode, the rear driving force is more balanced, and the neutral performance on corners is better. However, the situation will not become wild until you choose drift mode, transfer all the power to the rear axle, require manual gear shifting and completely turn off the stability control. Even so, C63 won’t really go crazy. From the point of dynamic performance, it is very confident.

Ride quality is hard, but this feeling is more about rolling rigidity than ride roughness. It is not surprising that the undulating road may cause the head to swing. After all, the huge anti-roll bar is like a pipe support. The brake pedal is a little soft at the top of the stroke, which is a criticism of the adjustment, not the braking hardware. This braking hardware can stop at 70 mph within 139 feet, partly because it has a better grip on the test surface than we usually experience.

Carry out a test drive under the starting control of 4000 rpm. After adapting to the fierce acceleration, you will notice a feeling like a slow shift, or when driving to the top of the third gear, the engine will reach the speed limit of 76 mph in an instant. That’s the second gear of the rear drive. Although there are some slight fluctuations in power transmission, the linear speed is still very fast — — Mercedes takes only 2.9 seconds to complete 60 mph, and it takes only 11.2 seconds to run a quarter mile, reaching 121 mph. Compared with the previous C63, this is 0.7 and 0.6 seconds faster, although most of the improvement is due to the fact that this is the first flagship AMG C-Class sedan with all-wheel drive. For comparison, the last all-wheel drive E63 S we tested before can complete 60 mph in 3.0 seconds.

Although the power of BMW M3 CS was reduced by 128 horsepower, it still won a decisive victory in the linear acceleration race. Why is this? Because, considering that Mercedes-Benz (4749 pounds) is 859 pounds heavier than C63(4890 pounds) (762 pounds heavier than the previous generation C63), its power-to-weight ratio is only slightly better than that of BMW. But C63 wins in reaction speed. Look, it takes 3.6 seconds to start rolling from 5 mph to 60 mph, which is 0.4 seconds faster than BMW. It also surpassed the Cadillac CT5-V Blackwing. Look at 2.3 seconds from 30 to 50 mph, which is more than M3 CS, even though the C63 was started in comfort mode (we passed the test in the default driving mode of the vehicle) and the engine was turned off. In racing mode, the time spent from 30 to 50 mph is reduced to 1.5 seconds, which is the field of electric vehicles.

The electric turbine itself finally realized its promise of boosting without delay, and its reaction speed was much faster than that of C43. Of course, the electric turbine of C63 works at 400 volts, while the lower version of AMG is a 48 volt unit.

We stopped at a scenic observation deck to enjoy the beautiful scenery, where the white rocks protrude and meet the deep blue Mediterranean sea. Most of the vegetation below is composed of this common vine in Provence.

Unlike the powertrain, the appearance of the C63 is quite low-key. There is a simple front lip, a rear spoiler and a central hood vent. The front fender is also equipped with vents containing the E Performance logo. Maybe AMG spends all its budget on power, but there is no carbon fiber roof or anything special in appearance. There are not even carbon ceramic brake discs.

On the other hand, the power system and display mode of C63 are consistent with the complexity. There are devices that display the real-time power and torque of each motor and each source. The option of one of the instrument clusters radiates the engine speed, just like the bomb zone, and the emitted light represents the motor output. The bar graph around shows the power and torque output of each main power source. The two knobs on the steering wheel control many adjustments of the overall mode, as well as individual fine-tuning of shock absorber, regenerative braking amount, stability control setting and engine sound enhancement. Even AMG has planned the best electric output of various competition venues, showing the driver where to push the accelerator pedal when the accelerator damping reaches the maximum, and where to slow down and charge the battery.

Returning to the slow pace, under the European standard (78 miles per hour), there are also some nominal pure electric driving capabilities: it is realized when the battery is 8 miles left; This should be roughly equivalent to 7 miles in the United States. We observed between 4 and 10 miles, depending on the driving conditions. Part of the reason is that the engine starts when the battery is 25% left, so as to ensure that there is always a buffer and provide acceleration assistance when acceleration is needed. But this small 4.8 kWh battery charges faster — — It takes about 1 hour in a 240 volt socket. If you choose the competition mode, the gasoline engine will actively charge the battery.

Why bother to tame this complexity? Well, the fuel economy data of the United States have not been released, but C63 is about 50% more efficient than M3 CS in European fuel economy indicators. Although this is amazing, the naturally aspirated Mercedes-Benz engine can only use a very small part of the power reserve. Our average fuel consumption of 17 miles per gallon (about 20.6 kilometers) may be quite Impressive for its predecessor V8 engine. In Europe, a high-end gas tank can easily exceed a comfortable hotel room. Therefore, fuel economy is really very important here. In addition, the price has also risen sharply, and it is expected that the starting price will be around 100,000 dollars.

We are impressed by the integration of C63, and feel that it is not as complicated as it looks. However, AMG’s latest model seems to make us more shocked by the left brain than unconditional enthusiasm. We still miss the V-8.