The civil code of the people's republic of china (hereinafter referred to as the civil code) has been referred to as the encyclopedia of social life. Marriage, divorce, contract-making, investment and sale ... The civil code has created a network of protections for the whole range of activities of civil subjects. On the occasion of the fifth anniversary of the promulgation of the civil code, the people's network was able to read out typical cases closely related to the lives of the people. This section focuses on the division of responsibility for violations。
Basic cases
Zhao zi and yu zi are owners of a small district. Zhao's house is located downstairs and is rented to song's house. During the spring festival, song went home for a year and the house was locked and unmanaged. In january 2023, zhao was informed by the property that there was a leak in a house upstairs, resulting in the flooding of his house, damage to the roof, walls and furniture to varying degrees and the inundation of his bed. Zhao zhou will approach the courts in one place and in song zi, seeking compensation for damages for repairs to the building, rental costs, vacant housing, etc。
It is stated that it had no knowledge of the condition of the house during its use, and that its contract with song yi expressly provided that damage caused during the rental of the house should be the responsibility of the tenant, and that the leak was due to the failure of song yi to break water. Song stated that the fireplace under which the house was rented had reached the end of the state standard period, that a landlord should ensure that the house was used properly, but that the landlord only maintained and did not replace it, and should therefore be held liable for abuse。
At zhao's application, the court commissioned the company to validate the restoration programme and the repair price of the portion of the house that had been damaged by the leak. The cost of the work was determined to be $27264。
The people's court of changping district of beijing, after hearing the case, found that the damage was caused by the leaking of zhao's house, which, according to the parties, was caused by the bursting of the stand-in pipe. In the case of a person who is the owner of a house, he or she shall guarantee the security and accessibility of the facility within the house; song has an obligation to use the facility properly when the leak occurs。
In the circumstances identified in the present case, in the case of a house where the fireplace had been in use for a long time, had reached the end of its useful life and had been repaired several times before the current leak, the fireplace itself was at risk of damage and therefore bore the primary responsibility for a leak, the court determined 70 per cent of its liability at its discretion, and at the time of the accident, song had assumed some responsibility for the leak and the court determined 30 per cent at its discretion. In the end, the court decided to compensate zhao for the cost of repairing the house, the cost of identification, the loss of vacant premises, etc., for a total amount of $44564. 8 and song for a total amount of $1909. 2。
Article link
Article 1165 of the civil code provides that the perpetrator shall be liable for any damage caused by his fault to the civil rights and interests of others. If the perpetrator is presumed to have committed an error under the law and cannot prove that he or she was not, he or she is liable for the violation。
Article 1772 of the civil code provides that: if two or more persons commit the same violation, the same damage is caused, and the degree of responsibility can be determined, each of them bears the corresponding responsibility; if it is difficult to determine the extent of responsibility, the average responsibility is incurred。
In the case
In recent years, disputes over leaking houses have occurred. The judge cautioned that both the landlord and the tenant had a duty of reasonable care. The landlord, as the owner of the house, has an obligation to provide security and prompt repairs to the facilities of the house, and if the landlord fails to comply fully with the aforementioned obligation, the landlord shall bear the corresponding responsibility. Before renting a house, the landlord should inspect and repair the house and its accessories, facilities and equipment, and replace the facility in time for security risks. In addition, in concluding a rental contract, the circumstances of “the lessee's fault” are expounded to avoid disputes and contradictions in the subsequent performance of the contract by the parties。
The tenant, as the actual user of the house, shall be under an obligation to ensure its proper custody and use, and the tenant shall inform the landlord, in a timely manner, of any damage to the house and its accessories, the facilities and equipment caused by causes other than natural properties or reasonable use. In the event of damage to the house as a result of the improper use of the house by the tenant or damage caused by the neighbour, the tenant shall be liable within the limits of his fault。
In addition, the judge advised that when a leak is found, the owner should first retain evidence by taking photographs, videos, etc., and contact the property company and the relevant owner in a timely manner to check the leak area to avoid further damage. Maintenance records and related cost documentation are kept and, if necessary, specialized institutions may be requested to identify the cause of the leak in order to safeguard their legitimate interests。
(consolidation of the people's court of changping district, beijing)
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