On The Securith Obligation Of Real-estate Service Enterprise

In recent years, along with the high-speed development of property service industry, more and more disputes happens between owners and the realty service enterprise, particularly with regard to the contradiction of realty service enterprise security obligations is particularly prominent. Security obligation of property service enterprises is a kind of security obligation of a specific type, however, the research of the security obligation in many places still exist many disputes and differences. For one of the types of security obligation of realty service enterprise of research but also a lot of blank. And has yet to develop a unified property management in our country, the concrete involves the provisions of the realty service enterprise security obligations is now only the property management regulations of the state council, a small amount of judicial interpretation, and some of the local regulations. Because of the level of legislation and technology, the realty service enterprise security obligations, many of the problems are not clearly defined, which causes the differences in the judicial practice.However, the existence of its every system, there are theoretical support, realty service enterprise to undertake the reasonable limit within the scope of the safety guarantee obligation to its legal basis lies in: safety value theory, theory of risk control. Corresponding to this, specific to the judicial practice, the realty service enterprise the source of the obligation of security or legal basis.According to the state council which promulgated in 2003, changed the provisions of article : the property management ordinance "realty service enterprise shall, in accordance with the stipulations of the realty service contract, provide the corresponding services. Realty service enterprise for failure to perform the stipulations of the realty service contract and the damages thus caused to the personal and property safety of any owner, shall bear the corresponding legal responsibility according to the law." Realty service enterprise security obligations of the main sources should be the owner or owners’ committee and the realty service enterprise signed in the principle of party autonomy on realty service enterprise security obligations of the content of the realty service contract. The two sides signed the realty service contract, it shows that the legal relationships between owner and property service enterprise is a contract relationship. Realty service enterprise if fails to perform or not fully fulfill their contractual obligations, security personal rights and property rights damage of the owner, the owner can according to the contract shall be investigated for realty service enterprise liability for breach of contract.In this paper, besides introduction and conclusion, it is divided into four parts to discuss the article. The basic thinking of the writing is: the first part, the realty service enterprise security obligation of defining the relevant concepts, and detailed the realty service enterprise bear the obligation of security legal basis; The second part, to the nature of the realty service enterprise security obligations were analyzed, and the specific nature of the realty service enterprise security obligations belong to the nature of the obligations agreed upon, realty service in violation of the security obligation of the contract will be liable for breach of contract. At the same time to the property service enterprise, this paper analyzes the source of the security obligation for real life involves realty service enterprise security obligations dispute, whether the realty service enterprise shall bear the obligation of certain answers to question the legal basis.The third part, the paper analyzes the realty service enterprise security obligation and the two aspects of security obligation of; The fourth part, analyze the realty service enterprise violating security obligation responsibility the nature, principle of liability fixation, constitutive requirements and responsibility, etc.