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Can a property company provide evidence in a civil dispute case?
1. What are the provisions on the proof of property disputes?
Proof in real estate disputes should follow the principle of who advocates who gives evidence. The evidence of property contract disputes includes witness and other written evidence. As long as this kind of breach of contract or other evidence can be proved, the most common thing is that the owner's car is stolen in the community. As a car owner, when choosing a house, we should consider having a place to park and be safe. Most of the property service enterprises in China are subsidiaries of real estate development companies, and they also have unified parking spaces or garages when planning and designing. When the owner parks his car in a designated parking space or garage, it shall be deemed as entrusting the car to a property management company to ensure its safety. In case of theft, the owner shall bear the burden of proof for the following matters:
(1) The fact that the car is parked in a parking space or garage;
(2) It has fulfilled its due preventive obligations, such as the integrity of door locks and alarm devices;
(3) the value of the vehicle. As a property company, the burden of proof is to prove that as a kind service person, he has fulfilled his duty of care.
Second, what is the burden of proof provided by the property company?
Generally speaking, the burden of proof that a property company should bear is:
(1) Overall situation of community security. The overall situation is good, which can prove that the property company is not at fault in fulfilling its security obligations. If the overall situation is not good, as mentioned above, frequent fighting and theft can be determined that the property company is at fault.
(2) Whether various systems are sound and implemented.
(3) Necessary facilities, measures and relevant personnel. For example, whether the passage between the community and the outside world is set with a guard and a duty record, which is mainly used to prove that someone is on duty. From common sense, it is impossible to ask the doorman to register everyone who enters and exits.
(4) It is unusual for you to do this around the main passage and the unified parking space or garage. Whether the preventive measures conform to the contract, such as night patrol, electronic monitoring facilities, separate duty room and personnel on duty, etc. The degree of prevention should be equal to the service fee paid by the owner. Just as you can't ask luxury hotels and general guest houses to pay attention to the personal and property safety of guests, the obligation is the same.
In our daily life, after a property dispute occurs, we can bring a lawsuit to the court, but we need to submit the corresponding evidence when suing. At the same time, China stipulates who advocates the principle of proof, such as the property company suing and the community owner not paying the property fee, then we must prove the existence of this fact.
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