Introduction
In recent years, because of upstairs slack the dispute frequency that cause sees at all sorts of media, encounter this kind of situation, owner after all this how scientific thinking fors the time being, when claim for compensation, what essential factor should note?
Case one: Third floor 3 family toilet is slack one year many
On May 17, 2015, area of 7 lis of rivers of Lanzhou city builds course of study of garden of abundant of Xi Donglu treasure to advocate a gentleman to say, this village already built 10 old, what he lives now at was being bought in November 2013 is secondhand room. After just was being entered, discover the toilet inside the building is slack, he ravels the condole of toilet supports, top of discovery is big wall is immersed by water, drip is dropped one drop downward.
Mr Zhang lives in 5 buildings, 6 buildings are being decorated at that time, its suspect is upstairs toilet slack bring about oneself a skin of slack, wall is mildewy. But find upstairs resident to just discover, 6 buildings toilet also is put in slack circumstance. The resident of 4 buildings also finds Mr Zhang report, the roof of 4 buildings toilet also is in slack. Mr Zhang says, they ever had looked for a village to be in charge of the Li Shi teach that water and electricity maintains, but the other side was not maintained, outside explaining he is in the ground, do not have a law to repair, the proposal seeks property Xu manager. But, xu director phone closes all the time however machine.
Case 2: 2 buildings are slack first floor wides rare painting and calligraphy is disastrous
On June 5, 2011 7 when make, king of man of ancient billow county celebrates virtuous discovery, oneself bear corridor of outer room of room of painting and calligraphy reachs the vast art that rents first floor of office building of company of this county power supply in calligraphy and painting stores chamber area all has seeper, rare calligraphy and painting is damaged inside inn, satisfy police station of the area just outside a city gate of public security bureau of Xiang Gulang county to call the police, and the phone informs 2 buildings bear Gao Yinkui of the person that hire.
After this, wang Qingxian company of power supply of county of will ancient billow and Gao Yinkui announce one paper indictment court. On July 9, 2012, first instance of court of ancient billow county adjudicates 100 thousand yuan to company of power supply of ancient billow county recoups loss of Wang Qingxian calligraphy and painting, gao Yinkui recoups loss of Wang Qingxian calligraphy and painting 150 thousand yuan. Company of power supply of county of Wang Qingxian, Gao Yinkui, ancient billow all refuses to obey court decision, put forward to appeal. Both sides of consult of intermediate court of justice of fierce power town entrusted center of Gansu Province of management center of appraisal of Chinese painting and calligraphy to have identification after party opinion, affirmatory compensation amount is more than yuan 1.184 million. On December 14, 2012, gao Yinkui of 2 careful change the original sentence compensates for intermediate court of justice of fierce power town Wang Qingxian loss more than yuan 497 thousand, company of power supply of ancient billow county recoups Wang Qingxian loss more than yuan 213 thousand, him Wang Qingxian bears a loss more than yuan 473 thousand.
On March 31, 2014, procuratorate of people of the Gansu Province to the province senior people court puts forward civil counterappeal. In those days on December 5, chair mediation via saving tall courtyard, bilateral party comes to an agreement of one's own accord: The loss of calligraphy and painting that Gao Yinkui recoups Wang Qingxian water to wide before December 15, 2014 more than yuan 240 thousand, company of power supply of ancient billow county undertakes compensatory no longer.
Ask: After slack incident happens, downstair damage square how should do for a short while?
Lawyer: After discovering slack circumstance, serve as damage to just ought to protect the spot above all, hand-in-hand travel evidence is fixed. Take a picture for example, the evidence such as kinescope recording is collected. Can look for village property or community first, let them give out opinion, or the neighbour that invites them to upstairs search, undertake negotiation repairing.
Lawyer: If talk things over,do not repair, can take the following kind, invite concerned personnel to have spot justice for example. Compensate for limits to losing at the same time, the proposal can have the company that evaluates aptitude please, wait like price attestation center, undertake assessment to the spot. After concerned formalities is complete, sue to the court again for appropriate. Of course, after its happening, can show sympathy each other between neighborhood, it is the most effective that appropriate solves a problem. Regard damage as square mood, everybody is understandable, but we also object ignoring a fact, ask a price of all over the sky, often go against the settlement of compensatory problem so, in the meantime, also not agree with lawful law provision.
Ask: To slack the loss that cause, this how claim for compensation?
Lawyer: " matter right law " the 92nd regulation: "Because praedial obligee waits with cop of water, catchment, current, laid use photograph adjacent praedial, the praedial obligee that ought to avoid pair of photograph adjacent as far as possible is caused damage; to cause damage, ought to offer compensation. " above all, need appraisal to slack reason, if do not accord with national level to cause because of building quality, in guarantee period inside, damage kills owner to be able to ask to develop business to undertake maintaining to slack building, recoup the loss that owner causes accordingly. Next, if upstairs owner truly because decorate or laid conduit creates downstair household " get water " , upstairs resident should search slack account in time and undertake maintaining, the harm that still ought to cause to downstair resident with respect to its misfeasance assumes liability to pay compensation.
Lawyer: If the house still is in,guarantee period inside, believing firmly again is not factitious when destroying, no matter be damage owner or upstairs neighbour owner, answer to let in time develop business to undertake mend manages. When development business presses owner to ask, after group person will repair, still did not solve slack problem or maintenance not to reach the designated position, after relapsing twice, owner can look for a person to undertake maintaining by oneself, expenses goes out by development business. When developing business not to grant to pay attention to, damage owner can pledge to place inspect branch undertakes complaining, or development business is sued to the court.
If slack reason is caused for upstairs truly, and neighbour does not cooperate or repair not in time, damage owner but basis " civil code general rule " the 83rd regulation, submit dispute forensic processing. If neighbour ignores the court decision of meeting court, damage square can first oneself ask construction group to undertake repairing, costs cost basis concerns legal laws and regulations, repass court upstairs asks neighbour undertakes compensatory.
Ask: Upstairs resident is decorated bring about slack, should otherwise of village property company assume responsibility?
Lawyer: Our country " property regulation " fiftieth 3 regulations: Owner needs to decorate those who decorate a building, ought to inform property to serve an industry beforehand. Property service company ought to decorate building adornment prohibit mediumly behavior and note tell owner. When property company discovers to there is the act that violates concerned regulation in decorating a process, refus stops ceaselessly or ought to correct; behavior person, ought to apply for approval relevant service is handled lawfully in time. If owner encountered this kind of problem, answer to be mirrorred to property company above all, if property company does not have afore-mentioned obligation, should be the liability to pay compensation with get losing owner is assumed fair. But if property company has used up obligation, do not assume responsibility.
Lawyer: Basis " property regulation " regulation, the public section that the administrative limits of property management unit is edifice and village and common facilities facilities, do not include owner private all establishment. Accordingly, the building maintains responsibility to be in charge of maintaining by owner for indoor part. If building loss belongs to be caused by of superstratum owner misfeasance, answer to be in charge of maintaining by superstratum owner. What should notice is, if the building is slack,attribute building quality problem, that should assume responsibility by development business. If property managed a company to had had announcement obligation, and itself also does not attribute quality problem, so property company fulfilled his administrative obligation lawfully, what need does is to assist chime actively the relation of tone and photograph adjacent owner, its do not assume legal responsibility.
Ask: Rental room is slack disaster and neighbour, does building everybody need to assume responsibility?
Lawyer: " civil code general rule " made clear praedial photograph adjacent the 83rd times each, ought to help each other according to advantageous production, convenient life, solidarity, fair and reasonable spirit, the photograph adjacent that handles the side such as cut water, catchment, current, ventilated, daylighting correctly concerns. Just cause to photograph adjacent hamper or losing, ought to stop enroach on, eliminate to hamper, recoup a loss. That is to say, if the case ties issue of photograph adjacent concern, although owner is not an infringer, but as praedial everybody, to because its building is slack,still should assuming liability to pay compensation to the loss that neighbour causes, owner also can chase after countervail to tenement after assuming liability to pay compensation. To because neighbour is slack and the loss that cause, OK and bilateral take into consideration the circumstances decides.
Lawyer: " matter right law " the 85th regulation, law, code has a regulation to handling photograph adjacent to concern, law of its regulation conduction; , code did not set according to, can be used to according to place. In the meantime, " contract law " the 219th regulation: "Tenant perhaps did not rent the property of content to use the thing that rent according to conventional method, cause the content that rent to get losing, lessor can remove contract and seek redress loss. " that is to say, praedial everybody perhaps uses a person between, any one party for reasonable exercise its droit or access, other photograph adjacent just offers advantage or enjoying a demand is the right that accepts certain restriction.
Ask: Bought bridal chamber appears slack wait for a problem, this how does thought for the time being?
Lawyer: " urban estate develops byelaw of business management of enterprise " with respect to the regulation, when estate develops business to should be used in commodity house consign, offer operation instruction handbook of residential guarantee of quality, residence to the person that buy a house. Residential guarantee of quality is estate development business the legal file that assumes quality responsibility to the commodity house of the sale, the quality grade that project quality ought to state to monitor unit nucleus produce the expected result inside, guarantee limits, guarantee period, guarantee the content such as the unit. And estate develops business ought to the agreement according to residential guarantee of quality, assume commodity house to guarantee responsibility.
Lawyer: " the provision that commodity house implements residential guarantee of quality and system of residential operation instruction handbook " clear, normal circumstance of each place, component guarantee content and lowest guarantee deadline is respectively: Roofing is slack, guarantee leakage of metope of 3 years of; , kitchen and toilet ground, basement, conduit, guarantee 1 year plasterer of; metope, ceiling falls off, guarantee 1 year; metope sky rouses the sand since craze, large area, guarantee heat addition of 1 year of; or guarantee for cold system and equipment a heating and for cold period; sanitation clean is provided guarantee switch of lamps and lanterns of 1 year of; , electric equipment guarantees 6 months. Guarantee period develop business general complete from estate and acceptable the computation since the day that residential consign user uses. Guarantee period inside happen guarantee the blame in limits damages artificially, by estate development business is maintained freely, because commodity house is put in quality problem, guarantee the use function that the building causes when the unit undertakes maintaining is affected, buy a person to be able to ask to develop business to assume liability to pay compensation. But want to notice, because resident is undeserved,be used or do sth without authorization alters structure, equipment position and undeserved decorate wait for the quality loss that cause, development business is not assumed keep long responsibility.
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Toward period wonderful reviewing
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Two branches of 2. : 16-35 year old one year above youth brings into unemployment the side supports a plan
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6. Shaanxi province edits byelaw of environmental protection of zoology of mountain of the Qin Dynasty
The welcome publishs of all kinds certificate to lose a company to cancel announcement
