Job Recruitment Website - Property management - Can the property management company lock the owner's car?
Can the property management company lock the owner's car?
Legal analysis: Under normal circumstances, the property has no right to lock the car, which is actually a violation of property rights. From a legal point of view, no matter from the civil law, civil code or relevant regulations, the property is a service department, not a law enforcement department, and the property and the owner sign a service agreement. Therefore, the property has no right to lock the car or take other compulsory measures, which infringes on the owner's property rights. If losses are caused to the owner, corresponding economic compensation should also be made. Property management and owners have an equal relationship in status and a contractual relationship of two-way market choice. Legally, the CMC has the freedom to entrust or not to entrust the property management company, and the property management company also has the freedom to accept or not to accept the entrustment. There is no relationship between leadership and being led, management and being managed, but a cooperative working relationship that does not interfere with each other's internal operations. However, if the vehicle is parked on the fire escape or in someone else's special parking space, at this time, if the purpose of the property lock is to negotiate with the owner to solve things, then at this time, it cannot be simply said that the property lock is illegal.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 240th the owner has the right to possess, use, profit from and dispose of his real estate or chattel according to law.
Article 241 The owner has the right to establish usufructuary right and security right on his real or movable property. When exercising their rights, the usufructuary right holder and the security right holder shall not harm the rights and interests of the owner.
- Previous article:When will Shanghai Dongyuan Country Garden deliver the house?
- Next article:How about Xuzhou Youyun Trading Co., Ltd.?
- Related articles
- Is Zhonghai Jinsha Bay a high-end residential area?
- What about Suzhou Taihe Chengfei Non-financing Guarantee Co., Ltd.?
- Where is the scenery of East Lake in Wuhan?
- When will Wuhan Merchants Wuhan Urban Construction Future Center deliver the house?
- The significance of dividing the host community into foreground and background.
- Is Jinan Nanyi Yueming Changqing a rough house or a fine decoration?
- Is Dalian Donggang No.1 Middle School OK?
- Postal code 24 100 1 Yes ~
- What are the majors of Lanzhou University of Arts and Sciences?
- "Two Horses" Invest in Evergrande Automobile ¡ª¡ª High-level financing under the mode of "old first and new later"