Interpretation of the Civil Code's Provisions on Property Management

1. It is clear that the property management company is responsible for the safety protection of "high-altitude parabolic objects".

Parabolic events at high altitude are called "the pain hanging over the city", and frequent parabolic events at high altitude have led to many tragedies. The Civil Code clearly lists throwing objects at high altitude as an illegal act, and Article 1254 stipulates that it is forbidden to throw objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer.

At the same time, building managers such as property service enterprises should take necessary safety measures to prevent the occurrence of the situation specified in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law. In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.

This provision has solved the problem of proof difficulty of the infringed in the high-altitude parabolic incident, and greatly increased the possibility of identifying the responsible subject. Two safety systems are defined: first, building managers such as property management service enterprises should take necessary safety measures to prevent the occurrence of high-altitude parabolic objects; Second, if the infringer can be identified, everyone who bears the responsibility has the right to claim compensation from the actual infringer.

2. Clarify the obligations of property service providers.

Article 942 of the Civil Code stipulates that the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners. Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.

In other words, the property management company should not only regularly maintain the elevators in the community, keep the community clean and green, but also maintain the basic order in the property service area, and have the obligation to protect the personal and property safety of the owners in the community.

3. If the house is unoccupied, can I not pay the property fee?

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.

What the property management company provides is the public affairs management service of the community, that is, the daily maintenance of the internal environment, hygiene and safety of the community. Therefore, even if you don't actually live, you have to pay the property fee. At present, there are also some property companies that handle "vacant houses" for owners who do not actually live, which can reduce a certain percentage of property fees. Moreover, this provision also makes it clear that property management companies should not rush to pay property fees by cutting off water and electricity, and should fully protect the normal life of residents.

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