Research On The Responsibility Of Property Service Provider’s Failure To Ensure Security When The Third Party Infringement

While the development of the property service industry has been prompted by urbanization,it has also brought about many property service disputes,and there are not a few disputes involving third party tort.Due to the sloppy legislation,in the case of third party tort,the judicial practice is different in terms of whether and how the property service provider is liable,which is highlighted by the controversial nature of the property service provider’s duty of safety and security,the unclear connotation of the property service provider’s duty of safety and security,the logical confusion between the cause of action and the basis of the judgment when the liability of the property service provider is competing,as well as the different understanding of the form of the property service provider’s liability when the third party throws objects from height.There are different understandings on the form of responsibility of property service providers when a third party throws objects from height.In terms of the nature of the safety and security obligations of property service providers in the event of infringement by third parties,from the perspective of protecting the autonomy of the parties and the legal provisions on safety and security obligations,this article considers that the competing obligations,with statutory obligations as the main focus and agreed obligations as a supplement,are more appropriate.In terms of the content of the safety and security obligations of property service providers,the scope of application and standards should be considered.In the event of competing liability for breach of contract and tort liability,the parties’ right to choose should be respected.In other words,if the victim requires the property service provider to bear the liability for breach of contract,the court shall handle the dispute according to the lawsuit for breach of contract,which is mainly based on the provisions of the property service contract.However,there are still many problems in the current property service contract,such as the unclear delineation of rights and obligations and the lack of detailed agreement on the content.Therefore,it is necessary to refine and improve the content of the security obligations in the property service contract.If the victim requests the property service provider to bear the tort liability,the court should handle the dispute according to the tort lawsuit.As property service providers have a better understanding of the community,it is easier to prove and have strong capital,it is recommended to adopt the principle of presumption of fault in terms of the burden of proof,while the liability of property service providers for failure to fulfill their safety obligations in the case of objects thrown from a height is intrinsically unified with the breach of general safety obligations.For this reason,Article1254 of the Civil Code needs to clarify that the liability of property service providers is in the form of supplementary liability.