Nanjing yujian property management company

You are the owner of the community, and you have lost your things at home. This belongs to the owner's improper custody. In the corridor of the residential area, it is forbidden for the owner to put things, which belongs to the occupation of public areas.

It was stolen in the neighborhood.

In recent years, due to the theft of vehicles parked in the community and the owner's home, claims disputes have occurred from time to time, which has become a hot and difficult issue in property management disputes. I have collected materials related to such disputes. Let's study together!

I. Legal basis

1, Property Management Regulations (revised in 2007)

Article 36 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty 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.

Forty-seventh property service enterprises should assist in the safety work 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 when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.

2. People's Republic of China (PRC) Consumer Protection Law

Article 18 Business operators shall ensure that the commodities or services they provide meet the requirements of protecting personal and property safety. For goods and services that may endanger personal and property safety, consumers should be given a true explanation and a clear warning, and the methods of correctly using goods or receiving services and the methods of preventing harm should be explained and marked.

Operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other places of business shall fulfill their obligations of safety protection for consumers.

Second, related cases

1. The property management company should not be liable for the owner's losses after reasonably fulfilling its security obligations —— Miao v. Tianjin Futai Property Management Co., Ltd.

2. If the property management company fails to pay attention to and protect the personal and property safety of residents within its jurisdiction, resulting in the loss of the owner's vehicle, it shall bear the corresponding liability for compensation —— Li Xinbin v. Wellcome Property Management Company of Luoyang Petrochemical Complex.

3. If there are defects and omissions in the performance of obligations such as vehicle management, safety precautions and public security in residential areas, causing property losses to the owners, the property company shall bear corresponding liability for compensation —— Jin Meng v. Nanjing Yujian Property Company.

4. After the owner lost his car keys, he informed the property in time, and the two cars still left the community. The loss shall be borne by the property —— Wang v Dongying Haitong Property Service Co., Ltd.

5. The safety measures taken by the property management company can't play its role in protecting the property safety of residents in time and effectively, so it should be determined that there is a breach of contract in property management-Yan Bing v. Quanzhou Wuyi Property Management Co., Ltd.

6. The owner can't prove that the vehicle involved is lost in the residential area, and the property service enterprise doesn't need to bear the liability for compensation —— Ye Zhixian and Lu Xiaoli lost the vehicle v. Xiamen Yongtongchang Property Management Co., Ltd.

Third, should the property be compensated?

Property service enterprises in the property service management activities, the main breach of contract are:

1. The realty service enterprise fails to provide services to the residents as agreed in the service contract or violates the requirements of the contract;

2. Failing to repair or maintain the property facilities as agreed in the service contract;

3. The realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property damage to the owner.

"Non-performance" includes no performance at all and incomplete performance. According to the provisions of the Contract Law, no performance at all, a realty service enterprise, shall be liable for breach of contract if it fails to fully perform its contractual obligations. However, due to the extensive content of property service management, it is relatively complicated to identify breach of contract in practice. For example, in a relatively closed community, an owner's car stored in the garage was stolen; Thieves enter the owner's home to steal or hurt people, causing many disputes. The understanding of this kind of problem is not consistent in practice. In property service management activities, as far as a specific matter is concerned, there are often many reasons leading to a certain result. When defining the responsibilities of all parties, we can not simply think that since the implementation of property service management, property service enterprises should protect the property and personal safety of owners; Nor can we simply think that as long as the owners suffer personal and property damage in the property service management area, the property service enterprises should bear all legal responsibilities. The rights, obligations and responsibilities of property service enterprises in property management activities are not only clearly stipulated by laws and regulations, but also come from the stipulations of property service contracts. If the realty service enterprise fully abides by the provisions of laws and regulations and the stipulations of the realty service contract, even if the owner's person and property are damaged in the realty service management area, the realty service enterprise may not necessarily bear legal responsibility.