The Security Obligation Of Property Service Enterprises Under The Circumstance Of Falling Objects Thrown From High Altitude

It is a special clause in our tort law system that the rules of liability for damage caused by dropping objects at high altitude are concerned and controversial.With the gradual increase of the urbanization process,the parabolic problem has become a chronic headache,known as "the pain hanging over the city",which is very harmful.Although Article 87 of the Tort Liability Law stipulates how to relieve the victim after the accident caused by falling objects from high altitude,it does not specify the subject of liability,which makes the boundary of the subject of liability fuzzy.As a result,when Article 87 of the Tort Liability Law is applied in practice,that is,when the court decides whether the property service enterprise is the subject of liability,the same case results are different.In view of the stipulation of liability caused by parabolic injuries at altitude,Article 1254 of the Civil Code of our country has made the corresponding amendment and improvement,which clearly stipulates that the property service enterprise is the responsible subject and it should take necessary safety protection measures to fulfill the obligation of safety protection.However,it does not specify how the property service enterprise should fulfill its obligation of safety protection.That is,the specific details of how to fulfill the standards and bear the tort liability are not clearly stipulated.In addition,Article 1198 of the Civil Code also has corresponding provisions on the security obligations of property service enterprises.What kind of connection exists between the two and when they should be applied,and what kind of connection exists between falling objects stipulated in Article 1253 of the Civil Code and falling objects thrown from high altitude and when they should be applied,all of which are related to the performance standards and responsibility of property service enterprises in Article 1254 of the Civil Code.It is also the key to the different judgment results and inconsistent application of law in practice.There are many disputes between academia and practice circles.In the case of damage caused by falling objects thrown from high altitude,it is legitimate for property service enterprises to undertake the obligation of security in the residential community,which is more clear under the support of basic theories such as reasonable trust,risk return and risk control.In the case of damage caused by falling objects thrown from high altitude,property service enterprises should assume the security obligations directly stipulated by law and agreed by contract at the same time.Their obligations have dual attributes and belong to a kind of conjunctive obligation.There is a certain correlation between the security obligations under Article 1254 of the Civil Code and the general security obligations under Article 1198.The residential community managed by a property service enterprise belongs to the "public place" stipulated in Article 1198 of the Civil Code,and the scope and performance standards of its security obligations should be further extended on the basis of the general security obligations,that is,the scope of its management should be a part of the common domain of all the owners in the residential community,and it should undertake the obligations of protection,warning and protection.In the case of damage caused by falling objects thrown from high altitude,it is legitimate for property service enterprises to undertake the obligation of security in the residential community,which is more clear under the support of basic theories such as reasonable trust,risk return and risk control.In the case of damage caused by falling objects thrown from high altitude,property service enterprises should assume the security obligations directly stipulated by law and agreed by contract at the same time.Their obligations have dual attributes and belong to a kind of conjunctive obligation.There is a certain correlation between the security obligations under Article 1254 of the Civil Code and the general security obligations under Article 1198.The residential community managed by a property service enterprise belongs to the "public place" stipulated in Article 1198 of the Civil Code,and the scope and performance standards of its security obligations should be further extended on the basis of the general security obligations,that is,the scope of its management should be a part of the common domain of all the owners in the residential community,and it should undertake the obligations of protection,warning and protection.