Study On The Problem Of Property Service Provider Security Obligations

Recently, disputes caused by safety guarantee obligation in the real estateservice field appear many a time. However, the article37of the Tort Liability Act inour country provides that the subjects of the security guarantee obligation onlyincludes the managers in public places, such as hotels, restaurants and so on, and theorganizers of group activities, and the providers of real estate service are not beingconsidered in the system of obligation of safety guarantee in China, which is verydetrimental to solve these disputes. Therefore, the rationality of inserting the realestate service field into the system of obligation of safety guarantee which wasstipulated in the Tort Liability Act is explored based on the legal basis of the securityguarantee obligation which applies to the real estate service field. The form elementand liability form of security responsibility which are often taken on by the providersof real estate service are discussed in theory, under the assumption of the analysis onthe features and special items of obligation of safety guarantee in real estate servicefield. And then based on the existing relevant legal system of our country, a proposalis raised through theoretical analysis to improve the obligation of safety guarantee ofproviders of real estate service.In this paper, the problem of obligation of safety guarantee of the real estateservice in China is discussed in four parts, based on existing legislation and relevanttheory of obligation of safety guarantee both in China and abroad. Furthermore,some proposal is presented for the improvement of the system of obligation of safetyguarantee in real estate service field.Firstly, the basic theory of system of property service security obligations isexplained. The contents of obligation of safety guarantee in real estate service field isclarified by analysis its special items. And rationality of the guarantee obligation ofthe provider of properties as the risk controller to safeguard the safety property of the owners is analyzed by the legal basis of obligation of safety guarantee and by someother aspects, such as risks versus benefits, social cost, essential equality, trustrelationship, and so on. At last, the legality of obligation of safety guarantee in realestate service field is discussed at the aspect of value.Secondly, the specific theories and regulations which are related to the securityobligation of property services in the two law systems are described in detail. Theimportant part is the proper theories and rules in Germany, France, Japan and thecountries of common law system.Thirdly, the elements of obligation of safety guarantee that is suitable for thereal estate service field is discussed theoretically and the concurrence of liabilityproblems of property service provider is properly dissected. Meanwhile, the liabilityform of obligation of safety guarantee is analyzed by in-depth interpretation of theproperty service defenses.Finally, some suggestions to improve our property management security systemare put forward by the analysis of the situation of safety guarantee obligation ofproperty services. The first suggestion is that the tort law extends subject range of thesafety guarantee obligation, which makes it validity in the real estate service field,and clarifies the judgment system and applicable rules of safety guarantee obligation.The second suggestion is that the duty of the post-contract should be established toavoid the problem of the replacement property management space service providersmay appear. In addition, some suggestions are presented considering from theproperty management norms, self-discipline, insurance system, etc.