Property Services Company Safety Guarantee Obligation To Study

As the developing of urbanization in our country, property service companieswhich closely linked with our daily life, has more and more dissensions. Since theproperty service companies which started from the80th century still in the beginningstage, so its Insurance obligation also affected by the social real life, the legal in thisarea is limited in principle,and there are no unified judging standard during justicepractice, and all these problems need the theoretical guide.This article start from the basic theory of the Safety-guard obligation, elaboratedlegal duty and contract duty both quality of Safety-guard obligation, and thinking that toproprietor property service companies has Safety-guard obligation, thereby furtherdiscussed that property service companies violate Safety-guard obligation would beconsist of liability for breach of contract or contract or liability for tort, and thendiscussed its liability for tort. This article thinking that only fault blame principle canmeet the blame principle of property service companies violate Safety-guard obligationliability for tort, and under specially circumstances can use blame presumption; whetherproperty service companies carry out Safety-guard obligations should be judged throughits danger control ability, reasonable expect of social public, self-protection ability ofaggrieved party, whether property service companies carried out the property servicecontract and legal regulated content and the rationality of the danger-protect charge.Finally, proposed thoroughly consideration of legislation based on the investigation ofour country’s current legislation, and from the content and the object to be protected ofexplicit property service companies’ Safety-guard obligation duty etc.5aspects.