Should the property management company compensate for the loss of a car in a residential area with property management?

The legal responsibility of the property management enterprise for the owner's vehicle in the property management area arises from the legal relationship between the parties about the vehicle. Based on this legal relationship, the duty of care for the owner's vehicle should be the key to his legal responsibility. Due to the differences in management methods of property management enterprises, the legal relationship between owners and property management enterprises has many forms and different properties. These different legal relationships make the duty of care of property management enterprises different. 1. Legal relationship of property service contract with public service nature: statutory general duty of care. Article 47 of the Property Management Regulations states this duty of care as "the property management enterprise shall assist in the safety prevention work within the property management area". "Beijing Residential Quarter Property Management Service Standard" more clearly defines this obligation as "the maintenance of order and the custody of public property within the red line of residential planning, limited to the owner's door in grandpa's home area". Therefore, if the owners need the property management company to provide custody services for their vehicles, they should sign a separate vehicle custody contract with the property management company. Otherwise, the property management enterprise will only bear the corresponding legal responsibility for the vehicle losses caused by the failure to fulfill the security obligations stipulated in the property service contract. "Correspondence" refers to the proportion of negligence in the cause of loss. 2. Legal relationship of vehicle custody contract with special service nature: vehicles with special custody obligations agreed in the manned parking lot in the property management area belong to the custody items in the vehicle custody contract. Article 369 of the Contract Law stipulates that "the custodian shall properly keep the deposit." Therefore, the property management enterprise, as the custodian, has a special duty of care, which is the duty of care of good managers arising from a specific relationship. The custodian shall be responsible for all the damage caused to the deposit due to his own fault, which includes not only the theft of the vehicle, but also the damage to the vehicle, even if it is scratched. 3. Legal relationship of parking space lease: no duty of care. For the owner of the lost vehicle, the most common and powerful defense reason of the property management company is that the parking fee charged is the parking space rental fee rather than the vehicle storage fee. In the legal relationship of parking space lease contract, the obligation of the property management enterprise is to point to the parking space rather than the owner's vehicle. Its duty of care is only that the parking space provided meets the normal use requirements of the owner, and there is no duty of care for the owner's vehicle. In judicial practice, local people's courts have different standards on how to distinguish the nature of vehicle storage contracts and parking space lease contracts, so that cases with the same basic facts have appeared, but their judgment results are completely opposite. For example, in the case that an insurance company in Shenzhen sued a property management company for auto insurance subrogation dispute, both the Luohu District People's Court and the Shenzhen Intermediate People's Court held that there was a paid use relationship between the property management company and the owner, and there was no obligation to keep the car, so they should not be liable for the loss of the car. However, in another case of the same nature, the verdict was just the opposite. The Futian District Court hearing the case held that there was a contractual relationship between the property management enterprise and the owner. To define whether the custody contract between Chen Mou and the property management company is established, according to the provisions of Article 367 of the Contract Law, the key element is delivery. The so-called custody contract is also called entrustment contract and deposit contract. Its system originated from Roman law and was called food. In China, trust is called guardianship, which is influenced by the civil code of the Soviet Union. In common law system, the word trust is the same as entrusted possession in English. Entrusted possession refers to the legal possession of property entrusted by the property owner to the non-property owner, and an essential element of entrusted possession is that the client must hand over the exclusive possession and actual control of the entrusted property to the trustee, that is, the custodian. It can be seen that the exclusive possession and actual control of property is an important criterion to measure whether the delivery is completed. If the owner parks his car in the parking lot and can drive away at any time, the actual control right of parking in the parking lot has not been transferred and the delivery has not been completed. Naturally, the contractual relationship of car custody will not be established. There should be a parking space lease contract between the two parties. If the owner drives the car to the parking lot for storage, the parking lot manager or automatic monitoring facility will pay the voucher or check the difference. This shows that the parked cars are under the actual control of the parking lot, and the custody contract relationship can only be established after the actual control right is transferred and the custody delivery is completed. To sum up, whether Chen Mou's claim can be realized depends on whether the legal requirements of delivery are met. Of course, there are shortcuts. Article 27 of the Property Management Regulations clearly stipulates that "the owner shall not dispose of the ownership or use right of the parts and facilities used in the property according to law." Article 55 also specifies the necessary procedures and income purposes of using * * * spare parts and * * * facilities and equipment for business operation. Parking spaces come from one of the facilities in residential areas, so property management companies should collect parking fees from all owners according to law. If he did not do so, then the fees charged by the property management company are undoubtedly not rental fees. It can be seen that the obligation of property management enterprises to vehicles in the community can only be the responsibility of custody. Therefore, for Chen Mou, based on the breach of the custody contract, the property management company should bear the liability for breach of contract and compensate for the losses.