infringement, then what is the liability of the property management company?

Generally, it is necessary to bear joint and several tort liability. The Tort Liability Law stipulates seven types of joint and several liability, and according to the provisions of this Law, the infringer shall be jointly and severally liable under the following circumstances: (1) joint and several liability of joint tortfeasors.

Article 8 of this Law stipulates that where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability. (2) Joint and several liability of the instigator, aider, and perpetrator. Article 9 of this Law stipulates that those who instigate or assist others in committing tortious acts shall bear joint and several liability with the perpetrators.

3) Joint and several liability of the joint and several perpetrators of the joint danger. Article 10 of this Law provides that where two or more persons commit conduct that endangers the safety of others' persons or property, and the conduct of one or more of them causes harm to others, and the specific perpetrator can be determined, the tortfeasor bears responsibility; Where the specific perpetrator cannot be determined, the perpetrator bears joint and several liability. and (4) the acts carried out separately are sufficient to cause the joint and several liability of the perpetrators of all damages.

Article 11 of this Law stipulates that where two or more persons separately commit tortious acts and cause the same harm, and each person's tortious acts are sufficient to cause all the damages, the perpetrators shall be jointly and severally liable. (5) Joint and several liability of network service providers and network users. Article 36 of this Law stipulates that where a network user uses a network service to commit an infringing act, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, blocking, or disconnecting the link.

Where network service providers fail to promptly employ necessary measures after receiving notice, they are jointly and severally liable for the expanded portion of the harm and the network user. Where network service providers know that network users are using their network services to infringe on the civil rights and interests of others, but fail to take necessary measures, they are jointly and severally liable with the network users. (6) Joint and several liability of the owner, manager and illegal occupier of highly dangerous goods.

Article 74 of this Law stipulates that the owner shall bear tort liability for the loss or abandonment of highly dangerous objects that cause damage to others. If the owner hands over the highly dangerous goods to others for management, the manager shall bear the tort liability; If all the owners are at fault, they shall be jointly and severally liable with the manager. Article 75 of this Law stipulates that where the illegal possession of highly dangerous goods causes damage to others, the illegal possessor shall bear tort liability.

If the owner or manager cannot prove that he has exercised a high duty of care to prevent illegal possession by others, he or she shall be jointly and severally liable with the person in possession of the illegal possession. (7) Joint and several liability of the construction unit and the construction unit. Article 86 of this Law stipulates that where the collapse of buildings, structures or other facilities causes damage to others, the construction unit and the construction unit shall bear joint and several liability.

From the above provisions, this law does not provide for joint and several liability for the tort liability of the employer and the tort liability for labor services formed between the individual, but adopts substitute liability, which changes the provision that the employer and the employee bear joint and several liability in the current judicial interpretation.

Should the property be held liable for theft from the owner's home?

Legal basis: Civil Code of the People's Republic of China

Article 942: Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, and manage the common parts of the property management service area, maintain the basic order in the property management service area, and take reasonable measures to protect the personal and property safety of the property owners. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

The property management company can bear tort liability. According to the provisions of the Civil Code, building managers such as property management service enterprises shall take necessary safety measures to prevent the occurrence of high-altitude throwing objects; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.

[Legal basis].

Article 1254 of the Civil Code.

It is forbidden to throw objects from the building. Where objects thrown from a building or objects falling from a building cause damage to others, the infringer shall bear tort liability in accordance with law; Where it is difficult to determine the specific infringer after investigation, the user of the building who may have caused the harm shall compensate unless it can be proved that he is not the infringer. The user of the building who may have caused the harm has the right to recover compensation from the infringer after compensation.

Property management service enterprises and other building managers shall take necessary security measures to prevent the occurrence of the circumstances provided for in the preceding paragraph; Where necessary security measures are not employed, tort liability for failure to perform security obligations shall be borne in accordance with law.

Where the circumstances of the first paragraph of this article occur, the public security and other organs shall promptly investigate in accordance with law and find out who is responsible.

1) Cessation of infringement and cessation of infringement means that the infringed party has the right to request the court to terminate the ongoing or continuing infringement that infringes on its legitimate rights and interests, and it can be applied to all kinds of infringement, as long as the illegal act is ongoing or in the continuation;

2) Removal of obstructionElimination of obstruction is the objective factual state of the infringer that hinders the normal exercise of rights and the realization of interests caused by his conduct, which is mainly applicable to the situation where the property right, especially the adjacent right, is infringed;

3) The elimination of danger is in respect of the facts and conditions in the future that may cause the consequences of infringing damage, and the infringed party in such a state has the right to request the court to require the infringer to eliminate it.

4) Return of property: The return of property refers to the transfer of the property illegally possessed or managed by the infringer to the infringed party. In general, it is the owner of the property who has the right to request restitution; At the same time, the property must still exist, and if it does not cease to exist, it must only be compensated for the loss or bear the responsibility of the loss of the clan; If the infringer transfers the property to a third party, it shall also depend on whether the third party meets the conditions for bona fide acquisition at the time of the transfer of the property, and if so, it shall not request the return of the property for the benefit of the third party and the security of the entire transaction;

5) RestitutionRestoration is mainly applicable to the occasion of property damage, and it is a request for the infringer to restore the original state of the thing. There are two conditions for a request for restitution: first, the possibility, that is, the possibility of the damaged object being restored to its original state; The second is necessity, that is, the thing must be restored to its original state.

6) Compensation for lossesCompensation for losses is the most common way to bear tort liability, which may not only be applicable to the infringement of property rights and interests, but also to the infringement of personal rights and interests, the scope of losses includes not only positive losses but also negative losses, and compensation losses are generally limited to actual damages.

7) Formal apology: An apology is an oral or written admission of mistake or apology by the infringer to the infringed party, which is mainly applicable to the infringement of personal rights and interests;

8) Elimination of influence, restoration of reputation, elimination of impact refers to the infringer's elimination of adverse consequences to the infringed party within the scope of the adverse impact; Restoration of reputation refers to the restoration of the infringer's reputation to the extent that it has caused damage to the infringed party. They are usually only applicable in cases of infringement of personal rights.

If there is a property management company infringement dispute, a lawsuit can be filed.

1.The business management enterprise shall provide corresponding services in accordance with the provisions of the property service contract. Where a property management enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

2.Where, after a written reminder, the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period of time within the reasonable period of the reminder, and the property management service enterprise requests the owner to pay the property management fee, the people's court shall support it.

1. What are the evidentiary materials for providing evidence for property fee disputes?

Where the property owner refuses to pay the property fee without a legitimate reason or fails to pay the property fee within a reasonable period of time within the time limit of the reminder, and the property management service enterprise requests the property owner to pay the property management fee, the people's court shall support it. Where a property management service enterprise has already provided services in accordance with the contract and relevant provisions, and the owner only uses the defense that he has not enjoyed or does not need to accept the relevant property management services, the people's court will not support it. The strata company has the right to request the landlord to pay the strata fee.

But there is a certain procedure to go through. The property management company bears the burden of proof for the written reminder. The materials required include the owner's residence letter, the time and amount of the owner's arrears of property fees, the business license of the property management company, the identity certificate of the legal representative and other evidentiary materials.

These materials include:

1. Reminder records for each account period: **, text messages, especially if the owner has a large opinion on the property or has quality problems, he needs to focus on keeping a good reminder record;

2. Payment notice distribution**, you can take a few photos from the printing to the delivery stage for later use;

3. The deduction notice will be archived and distributed to the publicity board and then photographed for retention;

4. Reminder notice sending record, lead including express receipt and posted on the door**;

5. Records of sending lawyer's letters.

Summary. Hello dear, happy to answer for you! Legal liabilities include:

1.Compensation for losses: If the property company's actions cause the owner to suffer economic losses, the property management company shall bear the corresponding liability for compensation.

3.Liability for breach of contract: If the property management company fails to perform its management duties, resulting in damage to the rights and interests of the owner, the property management company shall bear the corresponding liability for breach of contract.

Hello dear, happy to answer for you! Legal liabilities include:1

Compensation for losses: If the property management company's actions cause the owner to suffer economic losses, the property management company shall bear the corresponding liability for compensation. 2.

Liability for breach of contract: If the property management company fails to perform its management duties and responsibilities, resulting in damage to the rights and interests of the owners, the property management company shall bear the corresponding liability for breach of contract. <>

Legal analysis: According to the Property Law, the Property Management Regulations and other relevant laws and regulations, the property management company, as a disturbance management service agency entrusted by the owner, shall perform its management duties in accordance with the law and safeguard the legitimate rights and interests of the owner. If the property management company violates the rights and interests of the property owner, the owner can file a complaint or lawsuit with the property management company.

Legal basis: According to Article 23 of the Property Law, a property management service enterprise shall, in accordance with the decision of the general meeting of owners, perform the property management service contract, maintain the management, repair, maintenance and use of the common parts of the owners, and protect the legitimate rights and interests of the owners. If the property management service enterprise fails to perform its contractual obligations, resulting in the infringement of the rights and interests of the owner, the owner may claim liability for breach of contract against the property management service enterprise and claim compensation for losses.

According to Article 25 of the Regulations on the Administration of Property Management Services, property management service enterprises shall not infringe upon the legitimate rights and interests of property owners, shall not interfere with the normal life and work order of property owners, and shall not force owners to accept the services provided by them or purchase the goods provided by them. <>

Summary. If the property management company has a rough defense of the infringement of the owner's rights, and causes losses to the owner, the owner may request the property management company to compensate. If the property company does not compensate, the owner can sue the property.

Legal basis: According to Article 942 of the Civil Code of the People's Republic of China, the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, green and manage the common parts of the property in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property service area, the property service personnel shall promptly take reasonable measures to control the dust and stop laughing, report to the relevant administrative departments and assist in handling.