对一起小区内车辆被盗案的民法评析法学专业论文.docxVIP

1 1 Abstract With the changes in the living conditions, demand of property services growing .property services is becoming an indispensable part of the lives of the residents, has a close relationship with the people living . Security of property within the residential area is a major demand of the owners, is also one of the main duties of the property service enterprise. Facing the realty service industrys rapid change , the relevant provisions of our legal on the property service enterprise security obligations is not perfect, property owners and property services companies signed a service contract on the issues related to the agreement is not clear, resulting in a judicial security disputes between owners and property services companies to handle the more chaotic situation in practice. This has become an important legal obstacle that hinder the development of the property services industry and is not conducive to defuse the conflict between the owners and property service enterprise. This article by the analysis to the case of Wang v. a property services company, Strive to clear vehicle management legal relationship between the owners and property services companies and the legal responsibility of vehicle lost that property service enterprise should bear. This paper is divided into three parts: Part I: introduces the basic facts of the case and the focus of controversy. Through the introduction of the merits, leads to the focus of controversy. Part II: Comments on the case the focus of controversy. This part is the main part of the paper. Analysis the four controversial issues by related theory and the law: Whether owners and property services companies has set up a vehicle storage contracts, What is the basis of safeguards obligations of the plaintiff? Whether the defendant in violation of the realty service contract? whether the defendant violates safeguards obligations? Part III: Through the above analysis of the case, come to the conclusion. Keywords: storag