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The relationship between the property, because under normal circumstances, it is impossible for the courier to get the seal of the property company, even if it is taken, the property is not well managed, so the responsibility lies with the property, and it can be negotiated through legal channels or with the property.
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The responsibility of the courier company, because he signed for it without checking other people's documents.
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Ordinary letters are sent to the property management office, signed by the mailroom, because there is no mailbox in the building, and valuables (in the package) will generally send a mail notice to notify the customer to go to the post office to pick up, which is for ordinary mail, express mail is sent to the recipient, and some institutions and ** institutions are sent to the mailroom, these places will not let people in, and some units will not let people in, generally send the mailroom or the front desk.
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Sometimes there are too many letters collected by the property. I don't read every letter and stamp it. Because many communities now are security guards to earn mailmen, sometimes when the security guard has something to do, he will deal with other things.
Then it is not uncommon for the post office staff to pick up the stamp and stamp it. At least that's what I used to do as a security chief.
Later, the police were called. After the investigation, it was indeed collected with the seal of our unit. But we don't have any packages.
If there is a real division of responsibility, I think both sides are responsible.
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Legal analysis: The recipient has agreed to be signed for by the property in Xiaoqing Shixiang District, and the courier company is not responsible. The property management company collects the parcel with the consent of the owner, and if there is a problem with the parcel, the owner himself must also bear certain responsibilities.
Without the consent of the recipient, the courier will hand over the express to the community property to sign, resulting in the problem of loss of the express, the express company should bear full responsibility.
Legal basis: Article 892 of the Civil Code of the People's Republic of China stipulates that the custodian shall properly keep the custody items. The parties may agree on a place or method of storage.
Except in emergency situations or to protect the interests of the depositor, the place or method of storage shall not be changed without authorization.
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Legal analysis: When pursuing responsibility, it can be divided into two situations: 1. The responsibility of the express company:
Without the consent of the recipient, the courier will hand over the express to the community property to sign for receipt, resulting in the problem of loss of the express, the express company should bear full responsibility. 2. Owner's responsibility: The recipient has agreed to sign for the express delivery by the community property, and the express company has no responsibility.
Legal basis: "Measures for the Administration of the Express Market" Article 20 In the process of express delivery services, if the express mail (mail) is delayed, lost, damaged and the internal parts are inconsistent, the enterprise engaged in the express delivery business shall compensate according to law in accordance with the agreement with the user.
If there is no agreement between the enterprise and the user on the compensation matters, the compensation shall be made according to the insured amount for the purchase of the insured express mail (mail). For the express mail (mail) that has not purchased the insured value, compensation shall be made in accordance with the "Postal Law of the People's Republic of China", "Contract Law of the People's Republic of China" and other relevant laws.
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The responsibility for the loss of the express delivery property is as: it is the responsibility of the signatory to lose the express delivery property with the consent of the signatory; It is the responsibility of the courier company to put the courier without the consent of the signatory and lose the property; If the property contract stipulates that the property has the obligation to receive express parcels, the property is managed for a fee, or there is gross negligence, it is the responsibility of the property management company.
Legal basis
Article 35 of the Property Management Regulations.
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.
Article 832 of the Civil Code.
The carrier shall be liable for compensation for the damage or loss of the goods during transportation. However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, or the fault of the shipper or consignee, the carrier shall not be liable for compensation.
Article 897.
During the custody period, if the custodian causes damage or loss of the stored property due to the custodian's improper custody, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he or she is not intentional or grossly negligent, he shall not be liable for compensation.
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The courier company is the responsibility of the consignee after the express delivery is lost after the consent of the signatory, and the courier company loses the express delivery after the property is released without the consent of the consignee, and the property contract stipulates that the property has the obligation to receive the express parcel on behalf of the property company, and the property is managed for compensation or is grossly negligent.
The main responsibilities of the property are as follows:
1. Maintenance and repair management of the house. Ensure that the house and equipment are used normally in a safe and legal state. And through the standardized scientific use, give full play to the maximum effect of the house and its equipment;
3. Hygiene management. Regularly and timely clean the sanitation in the area under its jurisdiction to provide a comfortable and clean living environment for residents;
4. Public security management. Carry out safe and effective management of housing construction and its equipment, ensure the personal safety and property safety of property owners and users, and formulate and improve relevant anti-theft measures;
5. Vehicle grooming management. Implement strict control and management of vehicles parked on the main roads and fire escapes in the community;
6. Management of public municipal facilities. Provide entrusted management of municipal facilities such as water, electricity, gas, heating, express delivery, and communication facilities;
7. Management of illegal buildings. Cooperate with the violation office to report and supervise and manage illegal buildings;
8. Provide a variety of life services.
Legal basis: Article 17 of the Property Management Regulations.
The management agreement shall stipulate in accordance with the law the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the management regulations.
Management regulations shall respect social morality and must not violate laws or regulations or harm the public interest.
The Management Agreement is binding on all owners.
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