Is the financial stolen goods company liable for compensation?

It is natural to pay the property fee for buying a house, so what are the specific rights of the property? Is it responsible for the safety of the owner's funds? If financial losses occur, will the property company be liable for compensation? It is natural to pay the property fee for buying a house, so what are the specific rights of the property? Is it responsible for the safety of the owner's funds? If financial losses occur, will the property company be liable for compensation?

Let's look at the concept of property first. Property management refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise repair, maintain and manage the houses, supporting facilities and related sites in accordance with the property service contract, so as to maintain the environmental sanitation and order in the property management area.

According to the concept, it is difficult to see whether the property is responsible for the owner's finances. For the owner's finance, we will answer you in two situations. One is about family finance, and the other is about community finance, such as cars.

1. Is the property service company liable for the theft of the owner's property?

According to China Property Management Institute's "About Use? Order maintainer? The Guiding Opinions on Appellation (China Material Association [2008]1No.) stipulates that a property service enterprise refers to a person who is engaged in maintaining order and assisting in carrying out safety precautions in the property management area. Order maintainer? .

Property management company? Security guard? The obligation belongs to the preventive nature, and its responsibility is limited to the preventive security work in the public area of the property community. The purpose is to maintain the order of the public area of the property community and create a safe living environment for the owners, which is essentially different from the public security organs to maintain social order and protect the legitimate rights and interests of citizens. Theft belongs to public security or criminal cases. The thief is a direct infringer, and the loss of the owner should be compensated by the actor after the public security organ has solved the case. If there is no obvious fault in the process of providing services, the property management company will not be responsible for the losses of the owners.

How to define whether a property company is at fault depends on the property service contract signed between the property company and the owner and whether the property company strictly fulfills its contractual obligations. For example, the contract stipulates that security guards patrol regularly and irregularly, guards are on duty, and anti-theft devices are installed. If the property management company has taken effective preventive measures in accordance with the contract requirements in providing services and fulfilled its obligation to protect the property safety of the owners, it will not be liable. Of course, in the case of special agreement between the owner and the property management company on safety precautions, if the property management company violates the agreement and causes the owner's property to be stolen, the owner may require the property management company to bear the liability for compensation according to the agreement.

2. Should the property management company be liable to the owner for compensation if the vehicle parked by the owner in the community is stolen or damaged?

If the owner has signed a vehicle custody agreement with the property management company and paid the vehicle management fee, and has a special parking permit issued by the property management company and paid the custody fee, then the property management company has formed a vehicle custody agreement with the owner, and the property management company has the obligation to ensure the safety of the owner's vehicle. If the vehicle is lost or damaged in the designated parking space in the community, the owner may claim the right to the property management company according to the custody agreement and ask the property management company to bear the responsibility.

However, if the owner does not park the vehicle in the location designated by the property management company, but parks it downstairs or elsewhere at will, then there is no legal relationship between the owner and the property management company, and there is no obligation to keep the owner's vehicle. The property management company is only a general preventive obligation and will not be responsible for the loss or damage of the owner's vehicle.