Can the civil law power off if it is short of electricity?

If the owner does not pay the property fee, the property cannot be cut off from water and electricity.

In China, only the power supply and water supply company has the right to take measures to stop water and electricity for the owners who fail to pay the water and electricity bills within the time limit. If the property company cuts off water and electricity without authorization, causing damage to the owners, it shall also be liable for tort damages.

If the owner does not pay the property fee, the property can claim the property fee through litigation, arbitration, etc., but it cannot be called by means of water stoppage or power failure.

legal ground

Article 944 of the Civil Code stipulates that the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.

Data expansion:

People's Republic of China (PRC) Civil Code is known as "encyclopedia of social life", which is the declaration and guarantee of civil rights. If the Constitution focuses on restricting public rights, then the Civil Code focuses on protecting private rights. Almost all civil activities, from signing contracts and setting up companies to paying property fees and divorce, can be found in the Civil Code.

On May 28th, 2020, the Third Session of the 13th National People's Congress voted to pass the Civil Code of People's Republic of China (PRC), which came into effect on October 28th. [ 1]

legislative procedure

65438-0954, the National People's Congress Standing Committee (NPCSC) organized forces to draft the Civil Code. Since then, due to the expansion of the anti-rightist struggle, legislative activities have been terminated.

1962, the drafting of the civil code was put on the agenda again, and the draft was completed in 1964. Later, it stopped because of the "Cultural Revolution".

1979165438+1October, the National People's Congress Standing Committee (NPCSC) organized the third drafting of the civil code, and 1982 formed the fourth draft of the civil code. Although the draft has not been formally passed into law, the current general principles of civil law are based on the draft.

From June 5 to February 2002, the 31st session of the 9th the National People's Congress Standing Committee (NPCSC) reviewed the draft civil law. After that, because the property law has not yet been formulated, there are great differences on the understanding of the draft civil law, and the draft civil law was finally shelved.