Compensation standard for property infringement

The compensation scope of property tort liability is personal loss and property loss. For example, in terms of personal losses, first of all, compensation is needed, such as nursing expenses and nursing expenses as much as possible, as well as relative transportation expenses and one-time disability subsidy compensation in case of disability.

1. What is the compensation scope of property tort liability?

The compensation scope of property tort liability is personal loss and property loss.

1, the way to bear the liability for damages is based on the premise of causing property or personal injury to others. Among various forms of responsibility, the responsibility of stopping infringement, removing obstruction and eliminating influence cannot be based on the premise of actually causing property or personal injury to others. As long as the victim's property, personal or other rights are infringed, endangered or hindered, the perpetrator can be required to bear these responsibilities; The responsibility of returning property, restoring it to its original state, repairing, redoing and replacing it is only based on the premise that the property is infringed; The responsibility of eliminating influence, restoring reputation and apologizing is usually based on infringement of personal rights or intellectual property rights. The liability for damages can be assumed on the premise that the property of others is damaged, and it can also be assumed on the premise that others are personally damaged.

2. The content of damages is to pay money or kind. In other forms of liability, the infringer does not have the problem of paying money to the victim; Even if it is paid in kind, the property should belong to the infringer. In the form of responsibility for returning property, the property returned by the infringer to the victim was originally owned or managed by the victim.

3. The liability for damages is limited by various factors. Other forms of responsibility are relatively simple and easy to operate when actually undertaking. However, the liability for damages is more complicated in actual undertaking and is usually affected by various factors. For example, we should consider the scope of compensation, the calculation of compensation amount, the economic situation of the infringer and the victim, and punitive damages in intentional infringement.

Second, what are the types of property infringement disputes?

Objections and disputes arising from developers' breach of contract or infringement.

(1) Blind promises when selling houses.

1. As a means of promotion, developers use a lot of gifts to attract buyers in the process of selling houses to buyers. Such as property management fee exemption, gift of garden, gift of fine decoration, gift of household appliances, etc.

2, free of property management fees, developers actually set obligations for others (property service enterprises) in their own contracts, which is invalid for others. After the owner moves in, the property service enterprise will charge the property fee. Either the developer subsidies or the owners pay them themselves, and developers often discount or delay the subsidies; Giving away the garden constitutes infringement. As residents at the bottom, like residents on other floors, they can only have the right to use the land corresponding to their purchase area. When developers give away a few square meters of gardens, they are actually giving away several square meters of land use rights owned by other owners. This is obviously a violation of the legitimate rights and interests of other residents. All these have laid hidden dangers for disputes between property service enterprises and owners, and between owners and owners.

(2) The project mode is inconsistent with the construction.

1. In order to promote sales, the developer designed the renderings and sand table models very beautifully and attractively, and promised clubs, kindergartens, fitness and entertainment equipment, etc. However, after the project is delivered, it is common to reduce items or not build at all.

2, some property projects themselves are unreasonable in design, housing facilities are not complete, public facilities are not in place, and there are many problems in housing construction quality. Such as poor drainage, improper design or construction position of septic tank, water leakage on the top floor or window edge, etc. , causing inconvenience to the owner's life.

(3) delay the establishment of the owners' meeting

The realty service enterprise undertaking the prophase realty management is generally selected by the developer, and its management contract period is generally until the effective date of the realty management contract signed by selecting a new realty service enterprise after the establishment of the first owners' meeting.

At present, if others are injured because of tort, they need to make some compensation, and the scope of compensation is determined according to the actual loss. In different types of infringement cases, including stopping the infringement, removing the obstruction, apologizing, etc., most of them compensate according to the loss.