Research On The Security Obligation Of Residential Property Management Company In Third Party Infringement

In recent years,the economic level of our country is rising,and people's living conditions have changed greatly compared with the past,and many residential areas appear in the cities of our country,which also drives the development of the property management industry in our country.With the rapid development of the property management industry,it is the property dispute arising from the third party infringement situation in the district.For this problem,there is no specific and clear legal provision in our country,besides there are different views about some problems in the theoretical and practical circles,so it is necessary to study the security obligation of residential property management company in third party infringement.The main body of this paper includes the following five chapters:The first chapter is the raise of questions.Through the data analysis of the collected cases,I put forward four problems of the security obligation of residential property management company in the case of the third party infringement in our country at present in this chapter.The second chapter is the analysis about the existence of this obligation.In this chapter,I analyse this problem mainly through three aspects which include theories,legislation and needs of life,hold that this obligation exist and put forward some legislative recommendations about defining property management company as duty-bearer.The third chapter is about the nature of this obligation.In this chapter,I introduce the main theories about the nature of this obligation,and put forward the point of view in this paper,which makes it clear that the obligation is overlapping.The fourth chapter is the analysis about the contents of this obligation.In this chapter,I enumerate and summarize the contents of the security obligation undertaken by the residential property management company in the case of infringement by the third party,and put forward that the basic content of the obligation should include three parts which contain the risk prevention,the suppression of the lawless behaviour and the post-processing,and the special agreement is also a part of the content of the obligation,put forward some views about the limitation of this obligation and suggestion about stipulating the contents of this obligation in detail.The fifth chapter is about the liability.In this chapter,I introduce and analyze the types of the liability,and the main view of this chapter is that the obligor don't have the counterplead right,but have the claiming right.In addition,I put forward suggestions concerning improving legislation in the liability in this chapter.