I lost my car, can I find a property to pay for it?

How to deal with such disputes, local courts have different practices, some support the plaintiff's claim, order the property management company to compensate, and some reject the owner's claim. The key still depends on whether the property has fulfilled its duty of care and whether there is negligence, which needs specific analysis.

The dispute between the owner and the property management company about the loss or damage of the parked vehicles in the community is a controversial issue in the society at present. For such disputes, we should share the responsibility according to the property management contract. Therefore, the property management company has the obligation to keep the vehicles stored in the residential parking lot, and on this basis, whether the property management company should be liable for compensation can be analyzed according to the following circumstances:

First, the legal nature of such disputes.

To determine the liability for compensation caused by the loss of vehicles, we must first make clear whether such disputes are tort disputes or contract breaches. In fact, although the dispute over car loss varies according to the specific circumstances, the same fact is that the parties agreed and delivered the car. In fact, the contractual relationship has been established orally. If the parking lot bears the responsibility after the car is lost, it should be the responsibility stipulated in the contract, that is, the liability for compensation. In addition, the rights and obligations between the owner and the parking lot are specific, and the infringement is obviously relative rights, which is undoubtedly property in terms of damage consequences. Therefore, disputes between parking lots and car owners should be handled in accordance with the principles and provisions of the contract law.

Two. Disputes over the nature of parking contracts in residential parking lots.

On the basis of defining the contract responsibility, the nature of the contract is specifically distinguished. In this regard, the theoretical and practical circles have two opinions:

The first opinion is that the relationship between the owner and the parking lot is the relationship of vehicle custody. Since the owner of the parking lot is allowed to park and collect parking fees, it is natural to ensure the safety of the vehicles in the parking lot and have the obligation to take care of the theft and damage of the vehicles.

The second opinion is that the loss of vehicles in the community should be regarded as one of the security obligations stipulated in the property management contract. Therefore, the owner should ask the property management company to take responsibility according to the property management contract, rather than asking for compensation according to the trusteeship contract. As long as the property management company can prove that it has fulfilled its security obligations, it can not be liable for compensation.

Three. Analysis of existing disputes

Entrusted by the business, the property management company conducts property management activities in the residential area according to the property management contract concluded, and its obligation can only be to maintain the public safety, health and social life order of the property. For the vehicles parked by the owners, the general property management company will charge a certain parking fee, although the property management company will generally claim that the fee it charges is the use fee charged on behalf of the owners, and this part of the fee should be determined by the owners' meeting through a resolution, and the property management company will promptly hand over all the fees charged to the owners' meeting. In the actual property management, the parking fee paid by the owners of residential quarters is decided by the property management company, and all the fees collected are used by the property management company. Therefore, the contract between the property management company and the vehicle parking person should belong to the custody contract, so it can be concluded that the parking fee charged by the property management company is based on the custody service fee for providing vehicle custody service. Therefore, when parking vehicles in residential parking lots, the property management party should have the obligation to take good care of the vehicles to prevent them from being lost or damaged. If the vehicle is lost or damaged during parking, the property management company shall bear the corresponding liability for breach of contract according to the custody contract theory, and compensate the losses caused thereby.