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Hello, first of all, a clear question, the property company is a property service company, not a property management company, so the property company bears civil liability mainly based on the "property service contract", of course, if the legitimate rights and interests of the owner are violated, it also needs to bear tort liability, but here it is obviously talking about contract liability.
Therefore, it depends on whether the property management company is liable for the lost property of the owner's family, and the key is to see whether there is an agreement in this regard in the "Property Service Contract". In addition, the public commitment of the property management company (such as the service commitment announcement posted in the property management company's office or community) also constitutes an important part of the "property service contract", so if there is such a commitment, the property management company is liable, otherwise, it is not liable.
wanglin 3166 friend is talking about the problem of the "property service contract", that is, if the "property service contract" clearly stipulates the patrol system and gate guard system, but if the management is chaotic, resulting in random entry and exit of cluttered people, (the owner needs to provide evidence to prove) the property management company obviously violated the contract and needs to be liable. But from the cases I have encountered, the property company is less and less liable, because from the evidence, the property company is more favorable.
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Can you clarify your problem again?
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First of all, the liability of the property management company is agreed in the contract, if the compensation is within the scope of the commitment, it is not within the scope of the commitment or obviously should not belong to the responsibility of the property management company, even if there is this clause in the agreement, it is invalid.
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This is protected, but when the problem really occurs, you have to prove that it is indeed the responsibility of the property, and how much responsibility there is, which is often difficult to determine.
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If the signed property management contract has provisions on this, then the property management company shall compensate in accordance with the contractIf there is no agreement in this regard, it is necessary to analyze in detail the fault of the property company in the process of property loss. If the main responsibility lies with the utility company, then compensation is also required.
First, it depends on the property company's failure to fulfill its security precautions in the event of theft. The security precaution obligations undertaken by the property management company are limited, and only refer to the precaution in a general sense. Such as setting up gates, access control, registration of outsiders or vehicles, daily patrols, monitoring and maintenance, etc.
If the property company does the above points, such as the normal work records of each position, it is to fulfill the safety precaution obligation. Or although one or more of them are not done, it has nothing to do with the theft of the owner, and it is also regarded as fulfilling the security precaution obligation. In this case, the property management company is not liable.
If the owner is stolen due to the property's non-performance of obligations, such as the camera head being damaged for a long time (note that it is a long time), the gate registration system is unfavorable, the patrol is not timely, etc., resulting in the owner being stolen, the property needs to bear certain responsibilities. Second, depending on the contract between you, if the contract stipulates that the owner is responsible for the security of theft, then the property will bear it. Legal basis:
Article 36 of the Property Management Ordinance? Property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service 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.
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Article 106 of the General Principles of the Civil Law stipulates that: "If a citizen or legal person violates a contract or fails to perform other obligations, and infringes upon the collective property of the state or the property or person of others due to fault, he shall bear civil liability." In addition, even if there is no fault, but the law stipulates that civil liability should be borne, civil liability shall also be borne.
If the property management company does not do the services promised in the contract, or does not meet the standards, then it is a breach of contract by the property management company, and the property management company should compensate. If the utility company performs its services strictly in accordance with the contract, it will not be liable for compensation.
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According to the relevant regulations of property management, the property management company, as a service unit, shall provide safety and health responsibilities.
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The property has the obligation to take care of the relevant property of the owner in the community under its jurisdiction.
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You can take a look at the Land Law, the Property Law, and the Regulations on Demolition and Relocation. In general, the compensation scheme formulated by the local government is higher than the standard of legal surplus. The specific compensation plan can be negotiated with the ** department!! Liquid finger rolling.
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In fact, ** will be compensated according to the standard.
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There is no clear regulation on compensation in the property management regulations, because compensation belongs to the content of contracts or civil disputes, and the property management regulations will involve the question of whose responsibility, determine whose responsibility it belongs to, and how to compensate.
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No, not in the property management regulations.
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If you lose your bicycle in the community, you will violate the rules first, and the property management regulations clearly stipulate that you are not allowed to occupy public space. It's a civil dispute, but you can't win unless you're very tough with the court.
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It depends on how you agree on the property management service contract. Whoever is responsible, who is responsible.
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According to you, whether the property should be held liable should be judged based on whether the property contract and the property management are at fault.
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According to the General Principles of the Civil Law and the Interpretation on Compensation for Personal Injury, if a raised animal causes injury to a person, the owner shall bear tort liability. The liability for injury caused by an animal is no-fault liability, that is, except for the exemption of the victim's intention, the owner of the animal is responsible, which means that as long as you do not take the initiative to tease the dog, you can sue.
However, if you do not get vaccinated in time after being bitten and cause rabies, it is the fault of the injured party. In this case, the principle of negligence applies, and the victim also bears a certain amount of losses and cannot be compensated in full. As for the compensation, it is still the owner of the animal who bears the main responsibility.
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It shall be implemented in accordance with the standard of compensation for personal injury.
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Civil lawsuits, generally private, you ask the dog owner to take you to the hospital to deal with the threat of rabies, if you are infected, sick, and not treated.
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Buying a house is risky, when you bought a house, you also considered the problem of whether the house price will fall in the future, and now the house price has fallen, you will let the developer compensate for this loss, that is, let the developer bear the risk, if the house price has risen now, will you give the increase to the developer? This is obviously not possible.
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Hello! There is no legal basis, because the parties are contracting on an equal, voluntary basis. The developer did not coerce the consumer to buy the house, and the contract was signed by both parties without going against their true will.
Just like if you bought a car last year and reduced the price this year, you can't find a 4S store to compensate you for your losses. You can't find the developer's money when the price of the house rises!
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The Tort Liability Law and the Judicial Interpretation on Personal Injury have relevant provisions, and the compensation items include: medical expenses, hospital meal subsidies, nutrition expenses, nursing expenses, transportation expenses, disability compensation, and mental injury spine solace. If a second surgery is required, disability benefits are estimated not to be supported.
Find a reliable lawyer.
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First of all, you have to negotiate with the property department, if the negotiation fails, as long as the lawsuit is resolved, the case is more complicated, and it is best to find a better lawyer.
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