Job Recruitment Website - Property management - Is it infringement to spit out the property among the owners?
Is it infringement to spit out the property among the owners?
Case hypothesis.
The property service of Xiaoli's residential property company has made many owners dissatisfied. Once, because of elevator maintenance problems, the contradiction between Xiaoli and the property intensified; So Xiaoli took the lead in speaking out for the property in the owners' group, and other owners who shared the same feelings also echoed the property company and privately negotiated with Xiaoli not to send false news in the owners' group, but Xiaoli felt that she was right and continued to express her dissatisfaction with the property in the group.
When the property company saw that the negotiation was fruitless, it took Xiaoli to court, claiming that it violated the reputation right of the property company. Then, is Xiaoli's spitting behavior in the owners' group infringing?
Legal basis.
Article 1 10 of the Civil Code.
Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.
Article 124.
The civil subject enjoys the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering.
Whether Xiaoli has violated the reputation right of the property company by voicing property among the owners needs to be clarified as follows:
1. Does the property management company enjoy the right of reputation?
As we all know, we natural persons must enjoy the right of reputation, and no organization or individual may infringe upon it. But the property management company is not a natural person, so do we enjoy the right of reputation? The answer is to enjoy the right of reputation. Because the property company is a legal person, the legal person also enjoys the right of reputation.
2. Is Xiaoli's spitting behavior infringing?
Although Xiaoli's negative comments on the property company among the owners will indeed damage the reputation of the property company to a certain extent, Xiaoli only expressed her dissatisfaction with the property service, and did not deliberately slander it, nor did it obviously exceed the necessary limit. Moreover, Xiaoli, as the owner, has the right to question and supervise the property services; Therefore, Xiaoli's behavior does not constitute an infringement of the reputation right of the property company.
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