Can I be detained for malicious damage to property?

Whether the property should bear the responsibility, we must first determine whether there is a contract between the owner and the property company, and if so, we must clarify what obligations the property bears on the vehicle.

Legal analysis

Whether the property company should be responsible for the damage of the owner's vehicle should be measured from the perspectives of contract performance and infringement.

(a) whether the property company and the owner have formed a parking management service contract relationship. If both parties agree or otherwise agree on the parking service project in the property service contract, the property company shall bear the liability for breach of contract; If there is no service relationship between the two parking spaces, the property company cannot be deemed to be in breach of contract and should not be liable for breach of contract.

(two) whether the property company is at fault, so it needs to bear the liability for tort damages.

1. It's not the property management company's fault that monitoring is not installed. The property company is a residential property service unit, not a construction unit or a property right unit. If the community has monitoring facilities when taking over, the property company should of course maintain and use the monitoring facilities and equipment in accordance with the contract. If not, it can only be traced back to whether the construction unit installed monitoring facilities according to the design requirements, or whether to install monitoring facilities is up to the owner.

2. Whether the property company has fulfilled its security obligations. Security obligations include property fire management and community security management. It is only necessary to judge whether the property company has fulfilled its security obligations and fulfilled the relevant provisions of the property service contract. The property company only needs to bear the corresponding responsibilities within the scope of preventing or stopping the damage, and the property company should not bear the responsibility for the damage that occurs in the case of unforeseeable or preventive stop.

legal ground

"Property Management Regulations" Article 47 The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations. If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.

Article 165 of the Civil Code of People's Republic of China (PRC) * * * If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.