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Who is responsible when the car is lost in the apartment?

11/06/2022


All apartment have security guards at the door to the apartment, many apartment buildings, if guests want to go inside, they also have to present their citizen ID or identity card or other identity document to get access into the apartment.

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Clause 2, Article 106 of the Law on Housing, the cost of parking is not included in the price of apartment building management and operation services. Individuals and organizations are in charge of keeping the vehicles and collecting parking fees are not the Building Management Board, but usually the Management Board hires an independent external unit.

Therefore, when residents or customers come to the apartment and park the car and receive the ticket, there is a contract to keep the property between the parking unit of the apartment building and the resident/customer. According to Article 554 of the 2015 Civil Code, a property deposit contract is regulated as follows:

Contract of deposit and custody of property is an agreement between parties whereby the bailee receives the property of the sender for preservation and returns the same property to the sender when the contract term expires, the depositor must pay a fee to the custodian, except in the case of unpaid deposit.

At the same time, the obligations of the property holder are stated in Clause 1, Article 557 of the Civil Code:

1. Preserve the property as agreed, return the property to the sender in the same condition as when it was held

When the vehicle parked at the apartment building is lost, due to the existence of a custody contract, the vehicle owner has the right to claim compensation for damage if the custodian loses the vehicle, except for force majeure events (Clause 2, Article 556 of the Civil Code of this year) 2015).

If the car is lost in the apartment, the person responsible for compensation is an individual or an organization hired by the Management Board to look after the car of the person coming to the apartment if there is a parking ticket between the person who lost the car and the valet.

If you don't have a ticket or don't park your car in the parking lot of the apartment complex, when you lose your car, the lost person will not be compensated for the damage.


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