Research On Security Obligations In Property Management

This paper argues that property management security obligations is the property owners and other managers to use the personal and property security protection obligations assumed reasonable. Safety and security of property management duties from the general civil law defined security obligations, is the security of the general civil law obligations apply in the field of property management and extension.Property management in the security obligations of the subject is entered into the property management contract with the owner manager (property companies), corresponding to the right people are the owners and property users, permission to enter upon the property manager of property services within the third.Content of the obligation the property managers should take positive actions to protect the behavior of a certain relationship between the person and property from infringement, including property (property management within the control of the company's property) due to damage and third (in the property management area) to implement the damage; the type of obligation is determined by the property owners agreed in the contract to protect personal and property safety of the contractual obligations, including property management regulations of the property fire management, community policing management statutory obligations. Violation of property management responsibility for security duties, mainly contractual liability, followed by the tort liability.China's "Tort Liability Act" and the Supreme People's Court of the relevant judicial interpretations, provided only the general provisions of safety and security obligations, there is no direct obligation to require property management of specific security provisions, the State Council formulated the "Regulations on Property Management" on the safety and security of property management obligations there are clear principles apply, the scope of confusion, type unknown and so on. A unified legal system of property management security, clear principles and scope of application to conduct the type of regulation is the judicial practice in property management to resolve safety and security obligations of the law difficult to apply countermeasures.From the start of tort law, and security obligations in the Western theory of reference, based on five parts of the country's safety and security of property management duties to do in-depth discussion, and property management in our security obligation System recommendations.The first part focuses on property management in the security system of the theoretical source of the obligation and the related domestic legislation. The theory mainly from the profit reward theory, the risk of liability theory, theory of social costs, as well as trust relations theory. Introduced the two legal systems specifically on property management in the security obligations of the relevant legislation.The second part of the safety and security from property management obligations in the content, characteristics and nature of security of property management obligations to sort out basic issues, the property manager within the owners responsibility to protect the safety of their district obligations. And security obligations outlined the principles of accountability, and finally from the contractual and tortious defines both the nature of safeguards obligations.The third expounds the security of property management duties in the present situation and analysis of the practical problems. This part discusses the safety and security obligations under statute and judicial interpretation of imperfect and in the real practical problems of implementation, and security obligations in the legislation and practical issues arising in the performance assessment.The fourth part focuses on property management in violation of security obligations identified. That constitutes a violation of property management in the security obligations, including the elements of damage to the objective existence of the facts, the provisions of managers which are not entirely acts, property managers and dangerous consequences of the damage caused by the existence of causation, and fault in property management for breach of security obligations.Part five dwell on the Improvement of safety and security of property management obligations system. property management in the article to determine the principles of safety and security obligations, specifically the security of a specific type. That should improve the management of China's relevant laws and regulations of property, and the proposal to increase the "Additional Protection for the third role of the contract" system.