Do I need compensation for the damage to the elevator advertisement in the community?

Need. The ownership of elevator advertising belongs to the elevator operator, and in a few cases it belongs to the direct placement of advertising, but no matter which party it belongs to, the act of damaging the elevator advertisement infringes on the property rights of others, which is a civil tort, and needs to bear tort liability according to the Civil Code, and needs to be calculated according to the property loss according to the market ** or other reasonable ways when the loss occurs.

Legal analysis

If the civil rights and interests of others are infringed, they should bear legal responsibility in accordance with the law, which is tort liability. According to the provisions of the Civil Law, civil rights and interests include not only life, health and property, but also property rights and interests. Regardless of whether the advertisement of the elevator belongs to the advertiser or the elevator party, it is a property right in law.

Advertising is a typical property right, and the act of damaging advertising is an act of infringing on the property rights of others and infringing on the property rights and interests of others. As long as it is out of fault, or if it is presumed that another person is at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

For the determination of the scope of compensation for property damage after elevator damage, the principle of full compensation shall be used to calculate the direct loss and indirect loss after the damage occurs, and it shall be calculated according to the market ** at the time of the damage. Of course, if the party that owns the advertisement is willing to reach an agreement or agreement with the wrongdoer, it can also compensate in accordance with the agreement or the ** agreed in the agreement.

Legal basis

Article 120 of the Civil Code of the People's Republic of China: Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability. Article 114:Civil entities enjoy property rights in accordance with law.

Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights. Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time the losses occurred. Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.

If I'm going to have this problem, if that's the case. Since you damaged the elevator advertisement in the community, according to my opinion, according to the situation, it can be handled, first of all, when posting the advertisement, you have to know whether to compensate, if you don't know the fine if there is no fine, then you can't compensate, but you must apologize to the unit leader.

You damage the elevator advertisement in the community, of course, you need to compensate, because this belongs to the part of the public facilities, since you are damaged, you should be compensated according to the price, this is your responsibility.

Damage to things to be compensated. If you damage the elevator advertisement in the community, of course you need to compensate. This advertisement has an owner, and the income from the advertisement should also belong to all owners.

Anyone who damages public facilities must be compensated, the key depends on whether you have subjective awareness, if you are deliberately damaging the problem is more serious, not only need to compensate but also receive education.

Do I need to compensate for the damage to the elevator advertisement in the community, first of all, I think that this situation should be compensated, because the elevator advertisement is to let the majority of people who take the bakelite spear know that the elevator should be a matter of mercy, and the safety protection of the bakelite spear, since you will be damaged by the Lun, you should fly and hit ** to inform the bakelite brother to make up for unnecessary trouble, and bear the small day of the child to lose, otherwise the factory will be responsible.

You have damaged the elevator advertisement in the community, and you definitely need to compensate. The elevator advertisement in the community belongs to public facilities, and anyone who damages public facilities is liable for compensation.

I think you must be compensated for destroying public facilities, and not only do you need to compensate, but you also need to be criticized and educated.

Absolutely. Because the advertisements in the elevator belong to public facilities, no matter who damages them, they must be compensated.

There are two situations of damage: one is intentional damage and there is resistance to advertising, which will be compensated; Then there is the unconscious damage, which is broken when carrying things, and this situation can be negotiated and apologized to solve it.

Now the elevator advertising in the community is allowed, which belongs to the public place advertising, and the damage can be held responsible.

I don't know if you did it unintentionally or intentionally, if it is intentional damage, not only to compensate for the loss, but also to criticize you harshly, everyone must consciously take care of public property.

Before compensating, collect the advertising fee you deserve, it must be a lot, haha

Smash it!! Smash the !!

I think there should be legislation to prohibit advertising in the community, which belongs to the owners!! Not a property and advertiser's !! They infringe on the property rights of the owners, and they should be made to lose money, and the owners smash advertisements in legitimate defense!!

Billboards? Yes, it will be compensated.

The cost of repairing the elevator damaged by the owner shall be paid by the owner. The elevator sales or maintenance unit will make repairs according to the damage, and then according to the division of responsibility, compensation will be proportional, if it is his responsibility, then it should be compensated at full price.

According to the laws of our country, the perpetrator shall bear tort liability for the damage caused by his fault. Therefore, if the owner himself causes the damage to the elevator, he must be responsible for it, and the property fee paid is not used for the owner's personal damage to the elevator maintenance. If the elevator is damaged because the owner entrusts the renovation company to renovate, the decoration company can compensate for it.

As the strata fee and the scope of strata services are limited to the maintenance of safe cleaning equipment and facilities in common areas; The elevator is the joint property of the owners, and the damage is repaired at the beneficiary's expense. The beneficiary is the operator who uses the elevator on a daily basis. However, the property security has the business of maintaining community safety and order, and there is an inspection post responsible for 24-hour uninterrupted inspection of community safety responsibility.

Since the background of each case or dispute is different, and the solution method may be different, in order to better help you solve the problem and protect your legitimate rights and interests, it is recommended that you directly consult a lawyer to explain the situation in detail and let the lawyer provide you with a solution.

Legal basis

Civil Code of the People's Republic of China

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.

Article 1184: Where the property of others is infringed upon, the property losses are to be calculated in accordance with the market or other reasonable methods at the time of the loss.

Article 1187:After the damage has occurred, the parties may negotiate the method of payment of compensation costs. where the negotiation is inconsistent, the compensation fee shall be paid in a lump sum; If it is truly difficult to make a lump sum payment, it may be paid in installments, but the infringed party has the right to request the provision of corresponding guarantees.

Summary. 1. where the circumstances are more minor, they shall be detained for 5 days and may be fined 200 yuan; 2. If the circumstances are ordinary, he shall be detained for 7 days and may be fined 200 to 500 yuan; 3. Where the circumstances are more serious, according to the circumstances of the case, punishment is to be given in three grades: 10 days of detention and a concurrent fine of 500 yuan; detention for 12 days shall be liable to a concurrent fine of $500 to $1,000; Detention for 15 days is punishable by a concurrent fine of $500 to $1,000.

Hello. There is no sin.

It is an illegal act and shall be punished with a small fine or detention.

Public security administrative punishment refers to the punishment given by the public security organs for disrupting public order, obstructing public safety, infringing on personal rights and property rights, obstructing social management, and being harmful to society, and not sufficient for criminal punishment.

1. where the circumstances are more minor, they shall be detained for 5 days and may be fined 200 yuan; 2. If the circumstances are ordinary, he shall be detained for seven days, and Chi Shutan may be fined 200 to 500 yuan; 3. If the love code is more serious, according to the circumstances of the case, it will be punished according to three levels: 10 days of detention, and a fine of 500 yuan may be imposed; detention for 12 days shall be liable to a concurrent fine of $500 to $1,000; Detention for 15 days is punishable by a concurrent fine of $500 to $1,000.

Discretionary standards for intentional damage to property: where the circumstances are more minor, they shall be detained for five days and may be fined 200 yuan; if the circumstances are ordinary, he shall be detained for 7 days and may be fined 200 to 500 yuan; If the circumstances of Sun Xinjie are more serious, according to the circumstances of the case, the punishment shall be in three grades: detention for 10 days, and a concurrent fine of 500 yuan may be imposed; detained for 10 wheels for two days and fined 500 to 1,000 yuan; He shall be detained for 15 days and shall be fined between 500 and 1,000 yuan.

Summary. Hello, I am very happy to serve you: it is illegal to destroy the advertising in the elevator, first of all, this display belongs to private property, and you must be illegal to damage your personal property, and you need to compensate.

The other party did not go through the process and obtained the approval of the owner, that is his problem, and his fault does not mean that you can be exonerated.

Hello, I am very happy to serve you: it is illegal to destroy the advertising in the elevator, first of all, this display belongs to private property, and you must be illegal to damage your personal property, and you need to compensate. The other party did not go through the process and obtained the approval of the owner, and the sharp shirt is Hanji held his problem to talk about Qing, and his fault does not mean that you can be exonerated from the crime.

Hello, according to Article 49 of the Law of the People's Republic of China on Public Security Administration Punishments: Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may be fined up to 500 yuan; where the circumstances are more serious, they are to be detained for up to 10 days or up to 15 days on imitation state ships, and may be concurrently fined up to 1,000 RMB.

Article 282 of the Civil Code of the People's Republic of China: The income generated by the construction unit, property service enterprise or other managers of the owner using the common part of the owner, after deducting reasonable costs, belongs to the owner.

Article 283 of the Civil Code of the People's Republic of China: Where there is an agreement on the cost sharing and income distribution of buildings and their ancillary facilities, the agreement shall be followed. Where there is no agreement or the agreement is not clear, it shall be determined in accordance with the proportion of the area occupied by the owner's exclusive part.

The elevator sticky advertisement has been turned into a corresponding cost, right?

Hello, the elevator sticky advertisement is turned into a corresponding cost. In general, however, no one will hold them accountable.

The advertising fee in the elevator in the community should belong to the owner, which is mainly based on the provisions of the Property Law, the owner of the community has the exclusive right to use the house purchased, of course, this also includes the elevator, so the benefits generated in this process should be owned by the owner.

1. Who should go to the advertising fee in the elevator in the community?

The advertising fee in the elevator in the community should belong to the owner, who owns the advertising fee of the elevator in the community and the "Property Law of the People's Republic of China" stipulates that the owner of the community has exclusive ownership of the purchased housing unit, and enjoys common ownership of the common parts of the building, such as the exterior wall, elevator and corridor. That is to say, the right to use the elevator in the community and the income should be attributed to the owner.

At the same time, the owners have the right to know and supervise the use of the common parts, common facilities and equipment and related sites, and the property management company has no right to dispose of the common parts of the building without authorization. If the owner does not agree, the owners' committee has the right to refuse the advertisement to enter the community elevator.

Article 27 of the Civil Law The owner shall not dispose of the ownership or right to use the common parts of the property and the common facilities and equipment enjoyed by the owner in accordance with the law.

2. What are the rights and obligations of the owners' committee?

The owners' committee refers to a non-governmental organization composed of representatives of owners in the property management area, representing the interests of owners, reflecting the wishes and requirements of owners to all parties in society, and supervising the management and operation of property management companies. The basis of the power of the Owners' Committee is its ownership of the property, and it represents all the owners of the property and has the power to decide on all material matters relating to the property.

The Owners' Committee is elected by the General Meeting of Owners or the General Assembly of Owners, and may be re-elected for a term of 2-3 years. The members of the owners' committee shall be the owners, and the director and deputy director of the owners' committee shall be elected from among the members of the owners' committee. Generally speaking, a property management area has an owners' committee, which is composed of 5-15 people, depending on the size of the property management area.

For example, Beijing's new regulations stipulate that where the occupancy rate of commercial housing and affordable housing exceeds 50%, or the first household has been occupying for more than 2 years, an owners' committee can be formed.

1) Convene a meeting of the general meeting of owners to revise the owners' covenant and the articles of association of the owners' committee;

2) Sign the property service contract with the property management company selected by the owners' meeting on behalf of the owner;

3) Keep abreast of the opinions and suggestions of owners and property users, and supervise and assist property management companies to perform property service contracts;

4) Review the annual management work plan and annual cost budget;

In real life, you can often see that there will be some small advertisements inside your own elevator, and some of the costs of these small advertisements should be owned by whom, which needs to be stipulated according to the "Property Law" of our country. Usually whoever owns or enjoys the right to use will be able to own these benefits, and the owner is entitled to it.