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业主和物业管理公司之间的法律关系本质上是一种业主委托的契约义务行为,而非行政行为意义上的管理行为。在履行合同的过程中,物业管理公司实质是向业主提供服务,故其入屋检查装修并将结果公示符合侵害业主隐私权的构成要件。但鉴于该侵害情节轻微,主观过错不深,物业公司应承担的责任应以清除公告为宜。
The legal relationship between the owner and the property management company is essentially a kind of contractual obligation entrusted by the owner rather than a management act in the sense of an administrative act. In the process of fulfilling the contract, the property management company essentially provides services to the owners. Therefore, the inspection and decoration of the houses and the publicity of the results comply with the constitutional requirements that infringe on the privacy rights of the owners. However, in view of the infringement is minor, the subjective fault is not deep, the responsibility of the property company should clear the announcement should be appropriate.