论物业服务企业的安全保障义务.pdfVIP

Abstract Though real estate management has short history in our country , develops rapidly. In the past 20 years, real estate management domain and the coverage has expanded unceasingly .Especially in the city, the specialized estate management already becomes essential part of people’s daily life . Along with real estate management rapid development, some questions which exists in the estate management also gradually highlights. In recent years, the dispute between the real estate service enterprise and owners presented the rising tendency , the very major part of it involve to the real estate service enterprises safety –guard obligation . In the first part of this article analyze the difference between real estate service contract and named contract through real estate management correlation concept elaboration .Review the real estate management process and draws out safety –guard obligation through a series of cases which exists in real estate management process . The second part of the article elaborate the reason of safety –guard obligation origin .It analyze the reason about the real estate service enterprise undertaking safety –guard obligation through elaborating the faith benefit, the active control risk, reduces the social cost, the risk and income consistency principle . In the judicial practice , the disputes involving to a very important question which is if the real estate service enterprise has safety –guard obligation . This article analyze the origin of safety –guard obligation .The first , the written law stipulation is one kind of lowest standard voluntary origin, and has forcefully the suitable eff