The parking space in the underground garage of the community is marked with cars. How to divide responsibilities?

First of all, from the perspective of tort, vehicles are classified as typical civil tort. According to the relevant laws and regulations, the imputation principle of this kind of infringement is the fault principle, that is, only the fault will bear civil liability, and at the same time, whoever bears civil liability will compensate. Therefore, the rower should bear all tort liability and compensate the owner for the loss.

Legal analysis

From the point of view of contract, it is first necessary to clarify whether there is a vehicle storage contract between the owner and the property company, that is, whether the vehicle is damaged and whether the property company bears the responsibility. According to relevant laws, both parties agree that one party will deliver the goods to the other party for safekeeping. The key point in the definition is the word delivery. Usually, the owner only pays the parking fee and does not sign the agreement. Even if the agreement is signed, it is a parking agreement, not a custody agreement in the legal sense. The judge determines whether there is a custody relationship, mainly depending on whether the custodian can actually control the things being kept, that is, whether the owner has delivered the vehicle to the property. As far as the vehicles in the garage are concerned, the property management company has no keys and cannot control the access of vehicles, so it does not actually control the vehicles. In the absence of a clear contract, it is difficult to determine that the property company has the responsibility of custody in judicial practice. Judging from the property contract between the owner and the property management company, if the property performs the duties of inspection and equipment maintenance on time according to the contract, it will not bear the liability for breach of contract for violating the property contract. If it can be proved that the property has not fulfilled the obligations stipulated in the contract, then the property company will bear the liability for breach of contract and bear certain liability for compensation according to the degree of breach of contract.

legal ground

Article 888 of the Civil Code of People's Republic of China (PRC) * * * Custody Contract is a contract in which the custodian keeps the deposit delivered by the depositor and returns it. Where the depositor goes to the custodian to engage in shopping, catering, accommodation and other activities, and stores the goods in a designated place, it shall be regarded as custody, unless otherwise agreed by the parties or there are other trading habits.