Safety-Guard Obligation Of Residential Property Service Companies

The obligations of property service companies in China's "Property Management Regulations" and local property management rules are wraparound, so they are not specific, not comprehensive and without operability . Property services in the course of the signing of the contract, the asymmetry of the owners of information is in a weak position. It was impossible for the owners to have substantial negotiations with property service companies about obligations of the contract. The obligations of property service companies in the model contract which property services companies provided, only up to a point, so it does not enable the owners' rights be fully protected. In this paper, due to a third party's trespass the legal disputes between the owners and property service companies show an upward trend. Based on the concrete cases and the analysis of legal relationship in property services, the paper well defined the rights and obligations of both companies and owners and demonstrated the legitimacy of property services companies to assume total safety-guard obligation in the view of legal. Through the observation of comparative law, combined with the practice in our country's legislation, as compared the functions with tort liability and contractual liability simultaneously, the paper analysis the nature of property services companies to assume total safety-guard obligation , and affirmed the standpoint of the lawful duties occupying the main legal status while the contractual obligation for the exception. The last part of this article is the essence. From the point of view of the responsibility, when the owners' personal right or property are trespassed by a third party the property services companies will not only bear the supplemental responsibility but also bear direct liability. How to undertake the responsibility determined by the judge's understanding and comprehension of the truth.