The Research On The Property Service Enterprise To The Property Owner’s Liabilities For Breach Of Contract

With the rapid rise of the real estate industry, the related property service industryalso develops very fast. And lots of new legal issues are raised. One of most commonproblem is the property service enterprise to the property owner’s liability for breachof contract. On the one hand, from lots of owners’ perspective, the property serviceenterprise is a company with relative powerful economic strength and independentlegal person qualification. And legally the property owners are in a weak position andtheir benefits need to be protected by law. However, from the other hand, the propertyservice industry belongs to a new developing industry currently in China and after allthis industry belongs to a Labor intensive industry with a not very high margin. Incase, the property owner’s benefits are over-protected while investigating the propertyservice enterprise’s liability for breach of contract, finally the property owner’sbenefits will be damaged. Therefore, how to balance the benefit between propertyowners and property service enterprise, especially how to define the property serviceenterprise to the property owner’s liability for breach of contract such as theimputation principles of liability for breach of contract of the property serviceenterprise, constitutive elements and whether property service enterprise shall beliable for providing security protection to property owners and problems regarding thenature of the vehicles keeping between property owners and property serviceenterprise. On the other hand, currently in our country, the legislation regarding theproperty service enterprise to the property owner’s liability for breach of contract isonly the provisions of principle and also lack maneuverability, and the legal termswhich can be cited to resolve the property service enterprise to the property owner’sliability for breach of contract and tort are not so many. So how to properly define theproperty service enterprise to the property owner’s liability for breach of contract sothat the risk of the property service enterprise’s liability for breach of contract can bestronger predictability and the capability of protection which has been directly relatedto the countless property owner’s important benefits and also is related to the development and continuous prosperous of the property service industry.The main part of this dissertation is totally divided into3chapters.The first chapter is mainly to elaborate the relative theories regarding the conceptof property service enterprise to the property owner’s liability for breach of contract,imputation principles of liability for breach of contract of the property serviceenterprise, constitutive elements for breach of contract of the property serviceenterprise and also briefly analysis constitutive elements for property serviceenterprise to the property owner’s liability for breach of contract and basic theories. Tofocus on and analysis concrete mode of the property service enterprise to the propertyowner’s liability for breach of contract, and then research and analysis the mostcontroversial and representative cases of property service contract.The second chapter is to research the form and exclusion of the property serviceenterprise to the property owner’s liability for breach of contract, focus on andelaborates how to define the scope of indemnification of property service enterprise tothe property owner’s liability for breach of contract in the properly service dispute.The third chapter is to research and analysis regarding the property serviceenterprise to the property owner’s concurrence of liability for breach of contract andtort liability. In civil liability dispute of property service, if the property serviceenterprise breaches the liabilities, it often simultaneously suits to the constitutiveelements of tort and it gives rise to the concurrence of tort liability and liability forbreach of contract that property service enterprise is against the property owner. Thischapter discussed the concurrence of liability that property service enterpriseinfringed property owner’s benefits and focus on the concurrence of liability of theproperty service enterprise while the property owner’s benefits was infringed by thethird party and the property service enterprise shall be liable for the correspondingsafety protection when the property service enterprise provides the property service tothe property owners.