Should I be responsible for the stolen property at home?

The stolen property at home has a certain responsibility and can claim compensation.

How to compensate depends first on whether you have a contract with the property. For newly bought houses, real estate development enterprises usually sign preliminary property service contracts with the selected preliminary property service enterprises; Second-hand housing is generally a service contract signed by the community owners' Committee and the property company.

According to Article 36 of the Property Management Regulations, the property service enterprise shall provide corresponding services in accordance with the stipulations of the property service contract. The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

In addition, Article 47 of the Regulations on Property Management stipulates that property service enterprises shall assist in the safety precautions within the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties in maintaining public order in the property management area and shall not infringe upon the legitimate rights and interests of citizens.

In other words, whether the property with stolen property should bear the responsibility depends on whether there is negligence in the performance of the property service contract. If the property management company fails to strictly perform the service contract, or is at fault in the process of contract performance, the property management company shall bear corresponding responsibilities. For example, security personnel configuration, security is not in place, and security guards on duty patrol leave their posts without permission; The anti-theft system and monitoring system cannot work normally and effectively; Street lamps, fences and security doors are not maintained in time; The owner found the case for help and the property did not act; A thief appeared on the surveillance video, but the security guard on duty neglected to find it, or found the theft but failed to call the police in time to stop it.

In the case of no special agreement in the property service contract, the property company only assists in the safety protection work, and has no responsibility for keeping and guarding the property in the owner's home, that is, only the thief can bear the liability for compensation if the property in the owner's home is stolen.

Even if the security measures of the property management company can't meet the stipulations of the property management contract and industry standards, and the theft of property is caused by the behavior of criminals, it is inappropriate and impossible to assume full responsibility and make full compensation. The specific amount of compensation can be negotiated or decided by the judge, which is generally only a small part of the stolen amount.

Extended data:

Property management legal liability has the following characteristics:

(1) The legal responsibility of property management must be stipulated in the legal norms of property management and the property service contract in advance.

The legal responsibility of property management must be agreed in advance.

First of all, the legal norms stipulate the types of legal responsibilities for property management in advance, and the new legal responsibilities for property management that are not stipulated in the legal norms will not be investigated;

Secondly, the content of legal liability for property management should be stipulated in advance by legal norms, and legal liability other than that stipulated by legal norms should not be investigated;

Third, the scope and standard of punishment for legal liability of property management should be stipulated in advance by legal norms, and the legal liability beyond the scope and standard stipulated by legal norms will not be investigated. Therefore, property management laws and regulations and property service contracts should have clear provisions and clauses on legal liability or liability for breach of contract. Without the legal norms of property management and the prior agreement of the property service contract, the parties cannot be required to bear the legal responsibility of property management.

(2) The legal responsibility of property management must be based on the illegal acts of property management.

Breach of contract in property management refers to the behavior that the parties in property management refuse to perform their obligations or are prohibited by laws, regulations and contracts. There are three elements of illegal breach of contract:

The first is illegal breach of contract, that is, the parties violate the provisions of the legal norms of property management or the provisions of the property service contract.

The second is harmfulness, that is, due to illegal breach of contract, the legitimate rights and interests of the state, the collective or the individual are violated, resulting in harmful consequences.

The third is punishability, that is, the illegal breach of contract by the parties conforms to the legal norms of property management and the punishment conditions agreed in the property service contract. Only when the above requirements are met at the same time can the parties bear the legal responsibility of property management.

(3) The legal responsibility of property management is a kind of sanction to the parties who violate the law and breach the contract.

The legal responsibility of property management requires the parties who violate the law and breach the contract to bear legal consequences, which embodies the authority of property management laws and regulations and the seriousness of property service contracts. If the property management parties violate the law and breach the contract, they will be punished accordingly.

(4) The legal responsibility of property management is guaranteed by the state compulsory force.

Legal responsibility is mandatory and binding given by national laws. Violation of property management laws and regulations, the state judicial organs and other organs authorized by laws and regulations shall be investigated for legal responsibility. In violation of the provisions of the property management contract, the observant party shall request the people's court to investigate the breaching party's liability for breach of contract according to law.

References:

Property management legal responsibility _ Baidu Encyclopedia