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房地产经济的繁荣推动了物业管理行业的发展壮大,人们对私有权利保护意识的逐步提高,使其对居住环境提出了更高的要求,安全保障义务应势而生。但现有法律的不完善使安保义务成为横亘在物业公司与业主之间的障碍。通过分析并合理界定物业公司安保义务的性质,进而阐明安保义务的违反所导致的责任性质,并对具体责任的认定和责任承担提出个人看法建议。
The prosperity of the real estate economy has promoted the development and growth of the property management industry. People’s awareness of the protection of private rights has been gradually raised, putting higher demands on the living environment and ensuring the safety and security obligations. However, imperfections in existing laws make security obligations an obstacle that lies between property companies and owners. By analyzing and rationally defining the nature of the security obligation of the property company, the nature of liability caused by the breach of the security obligation is clarified, and personal opinions and suggestions on the identification and responsibility of the specific liability are proposed.