A Study On Security Protection Obligation Of Estate Management Companies Caused By The Infringement Of Third Party

With the promotion of the national new urbanization policy,the estate management has brought new opportunities and challenges to urban management by law,which brings about a number of cases related to the violation of security obligations.Among them,the legal issues that the security obligation of the estate management company caused by the infringement of the third party are particularly complex,involving the legitimacy basis,the origin of the law,the scope and limit of the obligations,the subject of rights,and the form of responsibility etc.,and the theoretical views and judicial views are not yet unified.This paper,based on the case of the security obligations of the estate company caused by the infringement of the third party,leads to the disputes about the source foundation of security obligations of estate company,the scope and the reasonable limit,the scope of the right subject,the base of the claim involving the obligation and the identification of the breach of the obligation.The paper analyzes the theoretical basis of the security obligation of the estate company,and through the study of the legal provisions and the practice of estate management,the security obligation is divided into legal obligation and contrac tual obligation from the perspective of obligation source,and the security obligation is divided into Anti model and stop duty from the perspective of the scope of duty.Based on the purpose of protecting rights and interests,the owner of house,the user of house and other persons are included in the scope of the subject of the obligation of safety protection.The reasonable limit of the safety guarantee obligation of the estate company is the agreement of the estate service contract and the objective ability of the estate company to carry out the security safeguard measures.In particular,the urgency,the degree of violence and the degree of secret of the damage should be fully taken into account in the determination of the estate company's duty to stop under the third party's tort.The daily management method,the professional degree and authority of the on-site measures,and so on,are used to determine the possibility of avoiding the result.Under the current law,due to the limitations of legislative technology and the choice of different basis of claim,it will result in different rights protection results.According to the interpretation of “other causes of harm” in The interpretation of several issues on the application of law to the case of compensation for personal injury compensation,the same rights guarantee should be given on the basis of different claims.Finally,the paper puts forward some suggestions for perfecting the rules of safety obligations.