Research On The Security Obligation Of The Property Company To The Residential Owners

Reform and opening up brought the prosperity of market economy,at the same tine,the third newly-emerging industry ---property services industry is booming.But behind the development also appeared many problems.Disputes between village owners and property management company often happens.Among them are almost about the obligation of security.At present,the judicial practices have no clear legal norms and appear to common case of different judgments.In view of this,this paper have discussed on the security obligations of property management company,hope to combine of theoretical and practical and give some guiding opinions to the problems of judicial non unification.Then to promote the establishment of the security obligations of property management company in legislation.The paper is divided into four chapters except opening statement and closing statement.The first chapter is the summary of the security obligations of property management company. Section 1 introduce the concept of property and property management,obligation of security,the security obligations of property management company in turn.Section 2 introduce the theoretical and legal basis of security obligations of property management company. The second chapter discuss the nature and content of the security obligations of property management company.There have many disputes about the nature of this obligation.This paper think that,this obligation is a overlapping obligation that is emphasized on the legal duty, and the contractual duty is assistant.The content is divided into hardware and software.The third part analyzes the liability of violation of safety-guard duty of property management company.Focuses on the analysis of the tort liability.The viewpoint of this article is that presumption of fault is the appropriate principle of imputation.The way to bear tort liability can be divided into direct or supplemental liability.Next briefly discussed liability for breach of contract and concurrence between Breaching Liability and infringement liability.The last chapter propose deficiency of legal provisions about security obligations of property management company and puts forward some suggestions to solve the problems.Estate management security obligation law should not become a dead letter.Property law security obligation has two purposes:property management company can develop better;The owners get the comprehensive protection of safety.