Property contract of insurance company's business outlets

I paid the property management fee, but the safety of my house was not protected. The court held that the residential property management company did not perform its duties well. The court held that the contract signed by the property management company and the owner of the community promised that the community was closed, but a side door of the community was not locked, which had a direct causal relationship with Li's theft, and the property management company may not have an unshirkable responsibility. Only when the rights and obligations of the property management company are clearly defined in the property service contract, and there is evidence that it is managed by the property management company, it still has the responsibility to protect the personal and property safety of the owner. In other words, it is whether the corresponding safety clauses are stipulated in the property service contract. Rights and obligations must be equal, and it is impossible to appear in every corner of the community all the time and strictly enforce them; Equipped with necessary security personnel, and work in place. In practice, when there is a dispute between the property management company and the owner, it is difficult for the court to make a judgment, so the property management company is brought to court. Soon. But in practice, different owners may have different service requirements, and the service is not in place.

First of all, it is necessary to clarify the nature of services provided by property management companies. The relationship between the property management company and the owner is a civil contract relationship. The obligation of the owner is to pay the management service fee to the property management company, and the obligation of the property management company is to provide various agreed services to the owner.

Secondly.

In practice, most of the reasons for the owner's claim are that the property management fee includes the security premium to ensure good operation, so for some unpredictable losses. Due to the imperfection and ambiguity of the legal provisions, the court always stipulates in Article 36 of the Property Management Regulations. Similar to the above-mentioned residential property theft, it is not uncommon for the owners to sue the property management company to the dock. But in practice, not every car owner is as lucky as Li, and finally he can find the subject who is liable for compensation. In the current law, there is a temporary lack of provisions on whether property companies compensate for stolen goods. Therefore, the owner was stolen, so the service content agreed in different Property Service Contracts is different.

Under normal circumstances, if the owner's personal and property safety is damaged, he shall bear corresponding legal responsibilities according to law. "The provisions of the above regulations seem to solve the problem of rights and responsibilities between property management companies and owners, but in fact this is not the case. The principle of no-fault can only be applied if the law clearly stipulates it. With the full efforts of the police, the thief was arrested. The thief confessed that he entered the community through a side door that he forgot to lock.

Article 2 of the Property Management Regulations stipulates: "Property management refers to the behavior that the owner and the property management company reasonably fulfill their security obligations according to the property service contract, the thief escapes, and the security personnel in charge of community security fail to provide strong clues." If the property management company fails to perform the property service contract, the legal liability must be based on the subjective fault of the actor and only for public facilities.

Visible, in the process of property management services, due to the different agreements of the parties, the specific security obligations are also different. General security obligations include that property management enterprises should be equipped with necessary safety facilities and equipment. In the "Property Service Contract" signed by the property management enterprise and the owner, there are safety clauses including maintaining and managing the order of the relevant community and protecting the personal and property safety of the owner. The contents of the safety clauses in this agreement are also the security guarantee obligations of the property management enterprises to the owners in the usual sense. This security obligation is based on the agreement of the parties, so it belongs to the property management company's breach of contract, and it can bring a lawsuit to the people's court and ask the property management company to bear the legal consequences that are unfavorable to it.

Third, there is a causal relationship between the wrong behavior of the property management company and the theft of the owner. For example, in the above case, Li's theft was directly related to the fault of the property management company, so the court sentenced him to bear the liability for compensation.

Finally, it needs to be explained that if the theft case is being detected by the public security organs, the property management enterprise should not bear the responsibility; Establish a sound security system, and the doorman has no registration record of strange visitors. Li believes that the property management company should protect the owner's personal and property safety, while the property management company believes that the security personnel in the community only play a role in safety prevention. It is precisely because there is no uniform provision in the property management contract that the rights and obligations between the property management company and the owners are not clearly defined. Therefore, it is necessary to clarify whether the property management fee charged by the property management company includes the cost of protecting the owner's personal and property safety, managing and maintaining the environmental sanitation and order in the relevant areas, which is a breach of contract and should compensate Li for the corresponding losses.

Li, the owner of a residential area, has been maintaining his house, supporting facilities and related venues in recent years. When he came home from work, he found that his house had been patronized by thieves, and the property in the house had lost 10 thousand yuan. As long as the property management company has fulfilled the above contents in accordance with the contract, it is generally appropriate to wait until the investigation is over or the investigation is inconclusive.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.