A Study On Legal Issues Of Property Management Company’s Security Obligation

Along with social economy unceasing development, people’s housing conditions had the enormous improvement. But people’s housing safe are still threatened by very many unsafe factors. In practice, the situation of owners suffered from personal injury or property damage in residential district occur frequently, and the situation of the victim directly raise a lawsuit with the property management company is quite common, too. At this moment, should the property management company that provide security services to owner undertake responsibility or not, and undertake how much responsibility, that is does the property management company undertake the security obligation to owner, has become a controversial topic. To this point, only "The Property Management Regulation" have several rules in China now. Although the theory circle have achieved a lot of research results, the system has not been formed. Due to the security in the residential area is closely related to the rights and interests of the owner, and in order to improve relative system and settle realistic problems, this paper will study the related legal issues on security obligation of property management company on the basis of related theory and the law.There are four sections in this paper except the introduction:The first part is the definition of property management company’s security obligation. Firstly, illustrates the concepts related to property company’s security obligation. Secondly, points out that the theoretical basis and legal basis of property company to apply the security obligation. Finally, discusses the legal nature of this obligation.The second part is the basic content of property management company’s security obligation. This paper expounds the source of the property management company’s security obligation, the specific contents and reasonable limit of the obligation.The third part studies the responsibility of property management company to violate the security obligation. First of all, pointed out several kinds of civil liability form that may produce. Secondly, discusses the specific content of the liability for breach of contract and tort liability. Finally summarizes the grounds for exemption of property management company.The fourth part of this paper points out the there existing some problems of current system of property management company’s security obligation, and puts forward some perfecting suggestions to solve these problems. Including clear the property management company is one of the body of security obligations, expand the scope of right subject, specific the detailed contents of the obligations, clear the yardstick of reasonable limit and perfect the property management company’s supplementary liability.