Analysis On The Case Of Construction Contract Dispute Between Liu And Youcheng Company

Realty service enterprise has a rapid development. At the same time, the dispute between the owners and the realty service enterprise also increases a lot. In the disputes caused by a third party infringement, owners sue the the realty service enterprise for violating the security obligation because they can not get the compensation from the third party.This kind of case is more outstanding, and also the most controversial, mainly including the owner vehicles loss compensation cases, owner of indoor property stolen compensation cases, the owner slain compensation for criminal cases.In real life, Private cars have become indispensable means of transport. In the third party infringement, cases of a third person using property management flaws to steal owner ’ vehicle are the most common, and of greatest concern. Meanwhile, cars are different from the tiny property of owner,and realty service enterprise in the management has more extensive authority,so the author selecte a typical case of owner and property service enterprise due to the third person property torts(vehicle theft).It mainly surrounds the controversial focuses of realty service enterprise security responsibility and the compensation responsibility,starts with the happening of the case and the legal relationship,evaluates the case,in order to present a more solid property security responsibility legal system.First of all, introduce basic situation of the case, clarify the legal logic, and put forward the focuses of dispute. Secondly, according to controversial focuses, analyse the nature and relationship of realty service contract and additional parking spaces using agreement to clarify the relationship of the rights and duties between the parties. Whether realty service enterprise should undertake the security obligation, what it should undertake,whether realty service enterprise violate the security obligation, the nature of the security responsibility, the content and scope of realty service enterprise security obligations and then solve the form and proportion of realty service enterprise responsibility. Definiting the nature and scope of the security responsibility is essential to the case processing,and how to understand the terms of the security obligation in the realty service contract is an important factor to affirm security obligation so that to cognizance the scope of the responsibility that realty service enterprise should bear in the case.In this case, Liu brought a infringement action, the two sides have serious differences and disputes for the scope of security responsibility and responsibility undertaken. There are many different points of view in the theory and practice about such cases.The author try to learn from each view, put forward my point, in the form of case analysis, intuitively analyze the the common case of disputes between owners and realty service enterprises in life,to make people clearly realize that the rights and duties in the relationship with realty service enterprise, and the realty service enterprise should undertake what kind of security obligation.