Responsibility For Security In Property Management Research

From last century 90's, the property management as a rising industry starts rapidly in our country. At the same time, the property dispute also increases straightly, and the problem of property security is especially prominent. But the legal relationship involved is complex, the service standard is fuzzy, the legislation is short of and so on, so it exists many argues in the property management's security responsibility in the educational world and the judicial practice. So it is extremely essential to strengthen the research and the discussion to the security responsibility.Combined with the experience of the related foreign legislation and judicial, this paper studies on the nature and the content of the security obligation and points out the duty of the security obligation violation, moreover, gives out the ideas of improving and developing the security obligation system.Besides the introduction and the conclusion, this article has five parts of compositions.In the first part of this paper, it analysis the source and content of the property management's security obligations, which is the basis of the security responsibility and summarizes the five legal sources of the security obligations which are: theory of relationship of trust, theory of danger control, theory of social total cost, the theory of profit.In the second part of the paper, it carries on the discussion on the legal nature of the security responsibility in property management, and believes that between the property service enterprise and the owner is one kind of congruent relationship, therefore the nature of the security responsibility also mainly is the contractual liability, but when it hasn't fulfilled the security duty in facility equipment and made the owner harm, it also has to undertake the right infringement responsibility. At this time the violation responsibility and the right infringement responsibility will compete together.In the third of the part of the paper, it analyses the components and the criterion of security responsibility in property management. And the security responsibility is composed by damage, illegal act, fault, causal relationship. Defense reasons include justified reason, force majeure and victim at fault. It also researches on the security responsibility when the third party makes infringement.In the fourth part of the paper, it studies on the legislation of property security in Taiwan, Hong Kong and Mainland of our nation. And puts forward the proposal to consummate the security service of the property management.