Research On Security Guarantee Obligations Of The Property Company

“The safety of the people is the supreme law” is a piece of everlasting mottowhich was left to us by the famous Britain jurist Hobbes. Social safety is the essentialvalue that works in concert with law. In modern society, the rapid development of thereal estate industry and the revolution of management mechanism make propertymanagement rapidly become a new and promising industry in our country. However,with the booming development of this industry, there also appears a series ofproblems, which result in more and more disputes between the property company andthe owner of the estate. Among the various disputes, the dispute caused by theproperty company’s negligence of the duty for safety guarantee is the mostconspicuous. As a result, we need to set up unified legal principles on propertymanagement, in which we should make clear the scope and principle of the law,change the intense situation of the difficult application of the security guarantee inproperty company’s judicial practice, refine and intensify the operability of the lawand principles.Apart from introduction,the text is divided into five chapters.The first chapter overview of the property company’s security obligations.basingon the historical development of the duty named safety guarantee and its existingvalue, the author comes up with the necessity of the property company’sresponsibility for the security guarantee.The second chapter quotes some typical cases about the dispute related to safetyguarantee between the property company and the estate owners. Discusses thespecific contents of the property company to assume security obligations, and thenature of the responsibility for Breach of security obligationsThe third chapter exquisitely discusses the legal ground and judgement standardin the process of taking the responsibility of security guarantee in theoretical andjudicial practice, as well as some ambiguous and critical problems for the imputationprinciple and liability form we may encounter when violate the above duties. The fourth chapter through comparative research, the author generally introducethe security guarantee principles’ legislative status in countries concerned in civil lawsystem and common law system. In this process, the author will also compare andanalyze them so as to have a reference to our judicial practice.The five chapter in response to the imperfection of legislation and the difficultapplication of the security guarantee duty in the property company in the process ofjudicial practice, the author recommend several solutions, in which the author refinesand intensifies the operability of the law principles. By doing this, it makes thesecurity guarantee duty in the property company has truly become a law securitymechanism which properly protect the interest of parties and realize social equalityand justice.