On The Security And Protection Duty Of The Real Estate Management Corporation

Security duties from the source of law point of view, the general safety obligations were created, security duties, security, care obligations, social security duty of care, attention to obligations of the concept of five representative. Any research and the creation of the legal system, are derived from real-life needs, but also to better serve that is the reality of judicial practice. Theory is introduced to our security obligation, does not really established and improved, and property services companies especially the security obligations, but scattered in a number of laws and regulations, and the only requirement in principle, the lack of specific and practical in operability, in view of this, in order to more thorough theoretical understanding of security duties to better serve the judicial practice, this article from the three parts of the safety and security of property services business obligations were studied in detail.The first part, the property services company violated the duty of security overview. First of all, the property services and related concepts are described, the property services company is the property management qualification certificate and business license, an owner or owners of the General Assembly commissioned a professional service contract under the property management company to implement the paid service. The subject property legal relations services primarily in property services companies, and owners and other rights holders, the legal relationship property services property management object is the subject of legal relations and behavior will point to the role of objective and targets, including property, behavior, and the right to three aspects. Legal relations of property services, the content of rights and obligations between the parties is the core of the legal relationship of property services, and key elements, the same is also the core of legal norms. Including the rights and obligations of owners, the owners and the owners of the Assembly Committee on the rights and obligations, property services, property services company by the provisions of the contract determine the rights and obligations, developers, service activities in the property rights and obligations, the government and competent authorities Property rights and obligations of service activities, rights and obligations of the Association of Property Management. By comparison analysis, we believe that safety and security of property services business obligation that the property services company and his staff in place right property services Estate Owners and other persons entering establishments of Bute Ding third Renzhi personal and property safety protection He shall Chengdan care obligations. The creation of any legal system, need to be supported by a reasonable theory. Security Obligations system will gradually become a personal and property interests of an important means of protection, has its theoretical basis, property services firm theoretical basis of safety and security obligations, mainly including the 4:00:return and risk with the same principle requirements; risk manufacturing theory demands; risk control theory demands; economic analysis and comparison of findings requirements.The second part, the property services firm security obligations and the legal nature of the main content. Comparative analysis of legal obligations and contractual obligations that said, I believe that should the security of property services firm obligation is classified as a legal obligation, but does not rule out the contractual obligations, statutory obligation that is subject to contractual obligations as a useful complement because the development of our country at present no legal obligation to only be able to resolve all disputes of the time, to a certain extent, or under certain circumstances, also need to have a contractual obligation as a supplement. And the corresponding obligations of safety and security of property services company's main content should Guiding and contract law, specifically including facilities, equipment, the safety and security obligations, and capacity-/institution-building security obligations, service obligations of the security management, prevention, Zhi Zhi security violations obligations.The third part, the property services company of civil liability for breach of the duty of security. This section is the focus of this paper, we discuss the security of property services firm violated the obligation type, Tort Liability Principles, Elements and Defenses. As to the property services company of the nature of security duties, in order to maximize the protection of owners and other rights of the person and property, tort liability and breach of contract requires the cooperation, that is mainly to establish a tort liability to breach of contract supplemented by the property services company violated the duty of security responsibility system, which analyzes the properties of which breach the duty of security service firms tort liability of the two forms, direct responsibility and added responsibility. Granted, the property services company violated the principles of safety and security of Liability of a Liability on the divided tort principles and the principle of Liability. Tort Liability main principle of the principle of fault liability, the article mainly attributable to the principles of tort liability and responsibility constitute the elements were analyzed by comparative analysis of domestic and foreign scholars point of view, I believe that the property services company violated the duty of security violations The Constitutive Elements:(1) Property Services business has a security obligations; (2) the property services company in violation of security obligations; (3) the damage caused by the fact that; (4) breach of security of property services companies conduct obligations and the causal relationship between damage. Since there is responsibility, there must be exemptions, property services company violated the duty of security responsibility for the defense to come from outside the subject of the main reasons there are two points, that is, force majeure, and the victims fault.