Research On The Security Obligations Of Property Managers In High-altitude Projectile Damage

With the advancement of urbanization,the number of high-rise buildings is increasing,and the number of cases of damage caused by throwing objects from height is increasing,the introduction of the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")has further improved the system of relief rules for cases of damage caused by throwing objects from height,in which the second paragraph of Article 1254 provides for the tort liability of property managers who violate their security obligations,which on the one hand increases the possibility for victims to obtain On the one hand,it increases the possibility for victims to obtain remedies,and on the other hand,it largely solves the judicial dilemma of difficult enforcement when applying Article 87 of the Tort Liability Law of the People’s Republic of China(hereinafter referred to as "Tort Liability Law")in the past.However,there are still many problems in the application of this provision,for example,there is no unified judicial standard for judging the violation of security obligations by property managers,the form of responsibility for the violation of security obligations by property managers is not clear,and the lack of unified rules for the responsibility of property managers for the violation of security obligations,many practical problems lead to the difficulty of forming a unified standard of adjudication in practice,which seriously damages the judicial credibility.This paper focuses on the provisions of Article 1254 of the Civil Code on throwing objects from a height,and examines the security obligations of property managers and the liability for breach of such obligations,taking into account the problems faced in practice.In addition to the introduction and conclusion,this paper is divided into five chapters.The main contents are as follows:Chapter 1 is the basic theory of the property manager’s duty of security in damage caused by throwing objects from a height.In this chapter,we focus on the connotation and content of the property manager’s duty of security in throwing objects from height and the jurisprudence of the duty of security,which provides theoretical support for the determination of liability and the assumption of liability in tort.Chapter 2 is about the controversies of the application of Article 1254 of the Civil Code on the duty of security in practice.This chapter sorts out the cases of damage caused by throwing objects from height in practice,and selects the typical cases involving the security obligations of property managers in the application of Article 1254 of the Civil Code,and summarizes the controversies in the judicial decision of property managers in the cases of damage caused by throwing objects from height in practice.Chapter 3 is the determination of the liability of property manager’s breach of security duty in the case of damage caused by objects thrown from height.This chapter first analyzes the composition of tort liability of property manager’s breach of security duty,secondly discusses the criteria of fault determination,and finally discusses the defenses of property manager’s liability after the breach of security duty.Chapter 4 deals with the liability of property managers for breach of security obligations in the case of damage caused by objects thrown from a height.This chapter discusses whether the specific tortfeasor is clear from two perspectives,and clarifies that the property manager and the specific tortfeasor shall bear the responsibility in proportion to each other,and the property manager shall only be liable within the scope of fault when the specific tortfeasor cannot be determined,and shall not be liable for the loss beyond the fault of its own security duty.Chapter 5 deals with the liability of property managers for breach of security obligations in the case of damage caused by objects thrown from height.This chapter firstly discusses the scope of liability for breach of security obligations,and secondly discusses the liability between property managers and other responsible subjects after breach of security obligations from different situations.