Obligations And Responsibilities Of The Safety And Security Of Property Services Company

From last century90’s,the property management services as a universal public servicemode starts rapidly in our country,and forms a kind of new industry.Subsequently,the quantityof the property dispute rises significantly,especially the most prominent property securityproblems.In violation of the Security obligations, Property company makes the owners’personal and property rights violated by a third party.When the third party is unable to befound or the third party is unable to fully assume liability to pay compensation, then theowner turns to the property company for claims,those cases is particularly noteworthy.However, due to such case that involving the complicated legal relationship,the fuzzyproperty management industry standard and the lack of law.There are different voice in thelaw theory and judicial practice,about the security obligation of property managementcompany in the realty service content, nature, as well as the composition of its responsibilityand so on.According to a series of problem the above case reflected,the author collects theadvantages.Using the jurisprudence analysis, case analysis, comparative analysis and othermethods for an in-depth analysis,I try to put forward my view.This article through to thediscussion content,nature and the legal responsibility of the property company securityobligations,clears the content,legal liability form and responsibility means of the securityobligation,when property company is not reasonable to perform the duty of security and thethird party Infringements the owner.Under the precondition of violation the securityobligation,property management company bears the compensation responsibility,that is theinfringement responsibility of omission for the owner whose the personal and property rightsare violated by the third party.The Infringement owner should request directly the third partyliable for damages firstly.When the third party is able to undertake the liability to paycompensation in full,the owner will not be able to recover from the property managementcompany that Violates security obligation.However, if we cannot find the third party or thethird party unable to bear the liability for compensation in full,the owner could request toproperty company that has fault to undertake the liability for damages.The damage of ownercomes directly from the third party’s tort.Based on the fair principle,property company shouldbe responsible in the presence of a fault,and should bear the liability for compensationaccording to the degree of fault.The responsibility is not the same as the third party bear theliability to pay compensation to the victim owner.This need discretion of the judge according to particular case.Finally, China’s legislature should be as soon as possible to perfect therelevant legislation of property management services and property management industrystandard should be detailed,then resolving such disputes has laws they tend to.Furtherconsummates our country property management, and make it more systematic andprofessional.