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Is the property responsible for thieves entering the house?
2. As long as the managers of the property management company have fulfilled their normal security obligations, there is no dereliction of duty, and the property of the owner's home is stolen, the property management company cannot be required to bear the liability for compensation. If there is evidence to prove that the property company has obvious dereliction of duty, and this dereliction of duty has a certain causal relationship with the theft of the owner's home, such as whether the security guard is off duty, whether the monitoring system is fully functioning, whether the suspicious personnel are questioned, etc.
3. If the property management company is at fault in one of the above aspects, it shall bear certain liability for compensation.
1. The property management company has fulfilled its security obligations within a reasonable range. The property management company has no fault in the theft of the owner's house and does not need to bear the responsibility.
The relationship between the property company and the owner is a property service contract, and the responsibility of the property company is to provide property management services for the owner according to the property service contract. The scope of property management services is usually the maintenance of equipment and facilities in public areas of residential areas; Community environmental sanitation; Fire safety and other matters involving the interests of community owners. The safety of residential areas includes the personal safety and property safety of owners, that is, property management companies have the obligation to ensure the safety of owners' affairs. This obligation refers to a reasonable guarantee obligation, which is limited, not unlimited. As long as the property company has fulfilled its security obligations within a reasonable range, provided property services for the community, and the owners have also enjoyed the benefits brought by the property services provided by the property company, the owners should pay the property management fee.
2, the property company's security obligations, is limited, not unlimited.
It is generally believed that the security obligation of a property company refers to the reasonable duty of care and reasonable preventive measures that the property company should take to protect the owner's personal and property interests from infringement. However, property management companies are not omnipotent, and it is impossible to prevent all damage. In general, when a third person intentionally violates the law or commits a crime, it is difficult for a property management company to control this situation. We can't ask the property management company to take responsibility for this uncertain danger. As long as the property management company has fulfilled its duty of care within a reasonable range and taken reasonable preventive measures, it can exempt the owners from the losses suffered by the third party.
To sum up, if the property management has fulfilled its security obligations, there will be certain responsibilities at this time, but it is also limited. However, some people think that if the property company has fulfilled its security obligations within a reasonable range, then the property company is not at fault for the theft in the owner's home and does not need to bear the responsibility.
Legal basis: Article 27 1 of the Civil Code, the owner enjoys the ownership of the exclusive part of the building such as the business building, and the joint management right of the * * * part other than the exclusive part. Article 36 of the Property Management Regulations stipulates that property service enterprises shall provide corresponding services in accordance with the provisions of the property 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.
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