Headroom of dispatch of Pu cropland net throws thing abusive, endanger security of masses life property not only, still damage urban culture image. A few days ago, celestial being swims the property damages case that prefectural court careful writtened guarantee the park in be bungled because of decorating a tool to drop together is caused in downstair car, for whole town first.
On May 20, 2018 afternoon 4 when the left and right sides, nie Mou discovers its park is south carp press down some
Estate 1 period the electric drill broach that the car scuttle on the parking space before 9 buildings is fallen by headroom is bungled in, bring about car scuttle blowout. Nie some immediately calls the police to local police station. Because cannot search a humanness, car damages nobody are compensated for, nie some immediately swims to celestial being prefectural court to lodge a complaint, requirement this estate 1 period 9 buildings the 3rd, 4 ladder 56 owner assume responsibility.
This courtyard thinks via cognizance, in this case, nie Mou’s car is the electric drill broach that was decorated to use on May 20, 2018 in be bungled, reason hands in the owner that the room perhaps decorates to all need not assume compensation responsibility after May 21, 2018. And 38 owner such as Li Mou all apply for to hand in a room to perhaps apply for to decorate after May 21, 2018, reason can not assume the compensation responsibility of this case. Because 18 owner such as Wei Mou all hand in a room to perhaps be decorated before May 20, 2018, and the person of do harm to that offerred evidence can’t eliminate him is not a likelihood, reason agree carries corresponding compensation responsibility. Final, the court adjudicates 556 yuan to 18 owner such as Wei Mou compensate Nie Mou pecuniary loss each, add up to 10008 yuan.
Introduce according to this courtyard judge, in ” civil code is in charge of ” before applying not formally, throw thing about headroom the processing basis of civil case still is our country of continue to use ” tort liability law ” the 87th regulation, fall in the case that cannot find person of specific enroach on namely, unless the building uses a person can from card innocence, should assume corresponding compensation responsibility otherwise. This legislative original idea since to be opposite the victim has help somebody in danger or difficulty, also be to supervise and urge building use person raises vigilance in daily life, be aimed at the risk check erroneous ideas at the outset of existence, fulfill corresponding maintenance, custodial reach the attention is compulsory. Believe ” civil code is in charge of ” after applying, headroom casts the phenomenon of content to be able to get effective keep within limits. Of course, law is last defense line that maintains social fairness justice, headroom casts content to should give from fountainhead be on guard, broad citizen also answers normative oneself is relevant behavior. (Zheng Xiangxi of Lin Xiaoxia of Chen Yanyan of reporter of Mei continent daily’s reporter)