Research On The Obligation Of Property Security

At the same time,the rise of real estate industry in China has led to the continuous development and expansion of the property service industry,and the dispute cases about the obligation of property safety and security have also caused social hot debate.For a long time,there have been many researches on the property security obligation in the theoretical circle of our country,but most of them put the obligation into the general security obligation for discussion,which fails to provide practical guidance for solving the contradictions in practice.The service quality of the property is related to the personal and property safety of the residents,and it is the basic guarantee for the residents to live and work in peace and contentment,which is very important for the construction of a harmonious society.The popularity of the property service contract also puts forward new requirements for the improvement of the property security obligation theory.Starting from the reality,this paper analyzes the shortcomings of the current theoretical research and puts forward some suggestions to improve the theory so as to better guide the handling of such disputes in practice,so as to achieve the effect of easing social contradictions.It is of great significance to determine the nature,subject and content of property security obligations for the settlement of such disputes.As of the nature of property security obligations,there are three main views in China: legal obligations,contractual obligations and competing obligations.It should be clear that the existence of property service contract is the premise for property to engage in service work,so the property security obligation should be a dual obligation mainly based on agreement and supplemented by law.Through the analysis of the two basic types of property security obligations,it should be clear that the subject of its rights includes four types of people,namely,the owner,the user of the building,the permitted third party and the unauthorized personnel under special circumstances.When the property violates this security obligation,there will be two ways to bear the liability of breach of contract and tort,and the specific form of the property to bear the tort liability is different depending on whether there is a third party involved.In case of infringement by a third party,the property shall bear the supplementary liability and whether it has the right of recourse;in case of no infringement by a third party,the property shall bear the direct liability.In view of the current situation of legislation in which thenature of the obligation of property security is vague,the scope of the right subject is narrow,the operation of the obligation content is not strong,and the way of supplementary responsibility is controversial,we should improve the legislation of property service contract as soon as possible,clarify its dual obligation nature,expand the scope of the right subject,clarify the basic content of the obligation of property security,and the property when the third party infringes How to bear the supplementary liability and whether there is the right of recourse.