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How much responsibility does the stolen bicycle property bear?
1. The property (or prophase) provides professional services for the owner according to the property service contract signed with the developer or the industry committee. In other words, the legal relationship between the property and the owner is a contractual relationship, and both parties stipulate their respective rights and obligations in the form of contracts. For example, the property must have corresponding qualifications, and employees must obtain professional qualification certificates; The property shall provide corresponding services in accordance with the provisions of the property service contract; Wait a minute. 2. The owner has to pay the property fee; Pay special maintenance funds; Abide by the management statute and the rules of procedure of the owners' meeting; Abide by the rules and regulations on the use of * * * parts and facilities in the property management area, and maintain public order and environmental sanitation; Wait a minute.
Therefore, if either party breaches the contract, it must bear the corresponding liability for breach of contract. Therefore, if the bicycle is stolen, we should first review the relevant provisions of the property service contract. If a bicycle is stolen due to property breach, it shall be liable for breach of contract and compensate the owner accordingly.
2. If there is no relevant agreement in the realty service contract, the judgment shall be made according to the relevant provisions of the Contract Law.
1. If the property provides paid storage service (the storage fee is charged in addition to the property fee), then the property cannot be exempted from the responsibility of bicycle theft and should be compensated.
2. If the property provides free custody, it should also be compensated, unless the property can prove that it has no gross negligence.
Relevant regulations:
property management regulations
Article 35 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress.
Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.
Article 36 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.
The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
law of contract
Article 374 Where the safekeeping article is damaged or lost due to improper safekeeping by the safekeeping party, the safekeeping party shall be liable for damages, but the safekeeping party is free of charge, and the safekeeping party shall not be liable for damages if it proves that it has no gross negligence.
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