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Supreme Court issues two Judicial Interpretations on Property Law


May 24, 2009.

1) Interpretation on Issues concerning the Specific Application of Law in Handling Building Differentiation Ownership Cases (May 24, 2009)

2) Interpretation on Issues concerning the Specific Application of Law in Handling Property Management Service Cases (May 24, 2009)

These are the first two interpretations the Supreme Court issued regarding Property law. The Interpretations attach great importance to the rights of the owner and intend to balance the interests between property management company and owners. The property management service relationship without written contract will not be recognized.

The Interpretations stipulate the recognition of owner, the definition of exclusive areas and co-owned areas, parking area and garage, the use of co-owned areas for commercial purpose, the condition for conversion from residential purpose to commercial purpose, nullification of causes exempting property management company from liability and fees, withdrawal of property management company.