Is it responsible for the theft of the garage?

Hello, "Is the property responsible for the theft of the garage?" It is necessary to prove that the garage belongs to the management of the property company and the property company is at fault.

Because the relationship between the property company and the owner is a property service contract, if the property or personal loss of the owner of the community is caused by its management negligence, according to the provisions of China's civil law, the property can be requested to compensate for the loss. Owners need to provide evidence to prove that their property was stolen because of the gross negligence of the property management company.

Legal analysis

If the owner can provide evidence to prove that his property was stolen because of the gross negligence of the property company, he can claim compensation from the property company. Because the property company has the management obligation to the basic order in the property service area, and the relationship with the owner is the property service contract, if the property or personal loss of the owner of the community is caused by its management negligence, according to the civil code of our country, it can request the property to compensate for the loss.

Generally speaking, there is no formal bill for the electric vehicle storage fee paid by the owner in the underground garage. However, collecting a formal bill will be the first element of your claim. It's good enough to give you a receipt, but it's almost impossible to get an invoice. Then you have to look at the charging list of the electric car and indicate what the charging reason is. If the toll bill says "vehicle storage fee", then the claim should be successful. If the property company refuses to accept the debt and directly sues, the property company 100% loses the case. Vehicle storage fee, the property company should bear the integrity and safety of the vehicle. But if the bill says "parking service fee", then the possibility of your claim is quite small, and there is almost no possibility of success. The service fee only provides you with the parking service of the vehicle and does not assume any other responsibilities. Even if you go to court, the parking fee will be refunded to you at most.

legal ground

"Regulations on Property Management" Article 35 A property service enterprise shall provide corresponding services in accordance with the provisions of the property 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.

Article 1 198 of the Civil Code of People's Republic of China (PRC). Operators, managers or organizers of mass activities in hotels, shopping malls, banks, stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.

If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.