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Is the property management company responsible for the theft of shops?
Is the property management company responsible for the theft of shops? The answer to this question is as follows: disputes between owners and property service companies are very common in life. How to determine whether the property management company is responsible for the theft of the property in the owner's bedroom? Case: 10, Li found that the door of himself and his neighbor's house was broken into and valuables were stolen. According to Li's statement, the property loss is as high as190,000 yuan. Later, Li spent 1000 yuan to repair and replace the broken door. Subsequently, Li took the property management company to court. He believes that when the theft happened, he had already paid the property management fee, and he formed a property service contract relationship with the property company. However, the monitoring equipment in this residential area has been in a state of paralysis since September, and the property company has failed to fulfill its security obligations within the scope of its duties, so it is required that the property company bear 50% of the liability for compensation. It is found that the defendant's property management company is at fault in the process of providing property services, and shall bear supplementary liability for the plaintiff's losses. Considering the fault, the defendant should bear 20% of the supplementary liability to determine the loss. Lawyer's answer: According to the property service contract, the property service company generally provides management or service assistance for public security, environmental sanitation, greening and other property management matters, and it provides public services for residential properties. Therefore, the property safety of the owner's house needs to be negotiated between the owner and the property company, and it is specially agreed in the property service contract. If there is no special agreement, consider whether the property service company is at fault in providing property services according to the actual situation, and the property service company shall bear corresponding liability for compensation according to the degree of fault. Relevant laws: 1 Regulations on Property Management Article 36 A property service enterprise shall provide corresponding services in accordance with the provisions of the property service contract. 2. Article 121 of the People's Republic of China (PRC) Contract Law. If one party breaches the contract for the reason of a third party, it shall be liable to the other party for breach of contract. Disputes between the parties and the third party shall be settled according to law or in accordance with the agreement. Article 37 of People's Republic of China (PRC) State Responsibility Law. Managers of hotels, shopping malls, banks, stations, entertainment places and other public places or organizers of mass activities who fail to fulfill their security obligations and cause damage to others shall bear tort liability. If the behavior of a third party causes damage to others, the third party shall bear the tort liability. If the manager or organizer fails to fulfill the obligation of safety guarantee, it shall bear corresponding supplementary responsibilities.
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