Property exemption

There is a legal relationship between the owner and the property management company, which is the root of the case. Although Company B claims that there is no written agreement on vehicle management services between the two parties and there is no contractual relationship at all, Article 36 of the Contract Law stipulates: "If one party fulfills its main obligations and the other party accepts them, the contract is established." Therefore, there is a contractual legal relationship between the original defendant and the defendant.

(2) In real life, there is often a problem that there is no agreement between the owner and the property management company on the responsibility of the stolen vehicle in the property management service contract. The solution is to first determine it according to Article 6 1 of the Contract Law. If it doesn't work, it should be determined according to the second paragraph of Article 106 of the General Principles of Civil Law. That is, if the property management company fails to fulfill its security obligations within a reasonable limit in the management process, and there is a general fault, resulting in damage to the owner, it shall bear the corresponding fault liability within the scope that it can prevent or stop the damage.

(III) Article 36 of the State Council's Property Management Regulations stipulates that if a property management enterprise fails to fulfill the stipulations of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. In terms of responsibility, the property management company does not guarantee all social security problems in the community, and its service affairs only come from the agreement with the owners, so the principle of fault liability only applies to responsibility.