On The Security Obligation Of Real-estate Service Enterprise

Though Real-estate management has short history in China, develops rapidly. In the past 20 years, Real-estate management domain and the coverage has expanded unceasingly. Especially in the city, the specialized estate management already becomes essential part of people's daily life. Along with Real-estate management rapid development, some questions which exists in the estate management also gradually highlights. In recent years, the dispute between the Real-estate service enterprise and owners presented the rising tendency, the very major part of it involve to the Real-estate service enterprise's security obligation.The first chapter discusses the basic statement about security obligation of Real Estate Management Company. Firstly, gives the definition of security obligation of Real Estate Service Company in accordance with law, then about the qualification of the subject in the property service contract. And also makes an analysis of jurisprudential basis of this obligation and enumerates the lawful reasons.The second chapter discusses the analysis of liability on violation of security obligation. Firstly, goes to principle of liability, considering it to be principle of fault liability. secondly, on discussion of composing components, the author adopts the violation of security obligation and the facts of loss and the correlation of cause-effect. Finally, gives a discussion on faith-breach and tort liability's competition and integration, then describes the concrete assumption of the liability.The third chapter discusses the proposal on legislation. Legislation proposal is mainly about how to perfect relevant stipulation, then the proposal for service company is to improve inner management and to establish insurance and fund system in order to protect both sides'benefits.