On The Safety-guard Duty Of The Real Estate Manager In Residential Areas

Real estate management has grown rapidly,although it has short history in our country. The fields of real estate management and administrative regions are expanding.Real estate management has been closely bound up with the development of our country and the daily lives of citizens,has greatly promoted the development of the socialist market economy in our country.At the same time,disputes related to real estate management present the rising tendency.In those disputes,violation of the safety-guard duty of real estate manager is the most. Consequently,this paper discusses the problems involved the safety-guard duty of real estate manager to do something for the further study and provide effective theoretical guidance for the judicial practice.The paper deals with the safety-guard duty of real estate manager in four parts.The first part about the fundamental theory involved safety-guard duty of real estate manager.Including the basic conceptions about real estate management,the theories of safety-guard duty,and the essence,characters and legal basis of safety-guard duty of real estate manager.The second part discusses the main contents and standard of safety-guard duty of real estate manager. Safety-guard duty of real estate manager in residential areas is supposed to include safety-guard duty of facility equipment,service management,restrain of transgresses.Through observing the standard of safety-guard duty in foreign countries and investigate present situation of our country,the paper thinks that the standard of safety-guard duty of real estate manager has legal standard,agreed standard and the profession standard.The third part analyzes the liability of violation of safety-guard duty of real estate manager.It mainly about the principles of attributing liability,the composition and forms of liability.Supplementary liability is also discussed when there is intervention of the third part.The last part is about advices for the perfection of the regulation for the safety-guard duty of real estate manager.Through studying the legislative status of safety-guard duty of real estate manager in china,the paper suggests that we should perfect the regulation for the safety-guard duty of real estate manager in tort law field and real estate law field.