物业服务合同的有名化

物业服务合同是一种新型的合同，在法律上属于无名合同，我们只能运用类推原则适用有名合同的规则去解决物业服务合同纠纷。然而，由于不断上升的合同纠纷，立法不明确和物业服务合同的特殊}生，在类推适用时呈现出诸多问题。因此，物业服务合同的有名化不仅是现实的需要，也符合立法的价值取向。

On Naming Service Contract of Property Management

Service contract of property management is a new type of contract, belonging to nameless contract in law. We can only resolve the disputes resulted from service contract of property management through analogy principle applicable to named contract. However, the analogy application has caused many problems due to the increasing contract disputes, vague legislation as well as the partieularity of service contract of property management. Therefore, naming the service contract of property management is not only the need of reality but also abiding by the value orientation of legislation.