On Judging Of Civil Liability Of The Real Estate Management Corporation's Undertaken Responsibility

As a relatively new social phenomenon in China, the real estate management has become an important field of scholarly study because of its benefits to the people throughout society. The legal relation basis of the real estate management corporation's responsibility to the owner who is infringed by the third party,which is the legal character of the real estate management relation, will be discussed.This text has a discussion with the premise of the real estate management corporation's undertaken responsibility caused by the third people, which is the breach to the compulsorily of the safety guarantee. This article discussed about the safe guarantee serve, such as human body safe guarantee serve or property safe guarantee serve, whether it is the main contract duty ,attached duty or other duty.The next, aim at the breach of the safe guarantee duty,the point argument the cause and effect between default behavior and injure result of the real estate management corporation relate to , think should according to the real estate management corporation whether breach the safe guarantee attention duty and it breaks contract the reason dint size of the behavior and the damage result occurrence,judge it to the size of the indemnity responsibility scope of the load that damage promise that owner suffer. This text aim at according to the third people's illegality violates the human body and property loss of result in the owner, the responsibility of the real estate management corporation affirmed to carry on the comment. In the first place, the real estate management corporation undertake responsibility to the third people violates the owner according to is the obligation of being not real to connect.In the next place, this text has a discussion with the concrete responsibility undertook of the real estate management corporation to the third people violates the owner. The real estate management corporation that has the fault should press its fault degree to undertake certain responsibility, but the responsibility undertake should be smaller than the third people who causes the responsibility that owner undertake, how undertake the root of whiskers according to the dissimilarity of the case fact circumstance, cut to measure the freely from the judge. In the end, we make a discussion about the real estate management corporation how guard against the objective risk from the third people. The real estate management corporation of our country has the necessity to draw lessons from the abroad and our Hong Kong actually,enlarging the strength of the safety guarantees work, changing the mode of the safety guarantee service, paying attention to the hardware construction, raising the ability of the technique guards against; establishing sound social expiation mechanism, making use of the social real estate industry insurance function well, letting the whole society undertake the objective risk together that come from the third people.