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Do shopping malls have the right to rent in public areas

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Do shopping malls have the right to rent in public areas


        

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Favorable reply
  • 2024-06-15 20:01:05

    The mall has no right to rent the public areas on the floor. may not. Aisles, atriums and elevator entrances shall be kept unobstructed to meet the needs of passenger flow, cargo transportation and fire fighting. Even if the above needs can be met after leasing, because it is a shared area, the rental income should be distributed to all merchants or used to improve the business conditions of merchants. As the manager of an open public place, the mall shall have the obligation to protect others from personal and property damage to a reasonable extent, and take necessary measures to prevent or mitigate the damage. And this security obligation is usually a requirement generated in the absence of contractual agreement between the parties, and one party's obligation to actively act for the personal safety and property safety of the other party. The purpose of shopping malls is to seek benefits in social activities, so they should bear the corresponding security obligations.

    Legal basis

    Article 20 of the Regulations on the Administration of Entertainment Places, the legal representative or main person in charge of an entertainment place shall be responsible for the fire safety and other safety of the entertainment place. Places of entertainment shall ensure that their buildings and facilities comply with national safety standards and fire control technical specifications, regularly check the conditions of fire control facilities, and timely maintain and update them. Places of entertainment shall formulate safety work plans and emergency evacuation plans.

    Article 21 of the Regulations on the Administration of Entertainment Places, during the business period, the entertainment places shall ensure that the evacuation passages and emergency exits are unblocked, and shall not block or lock the evacuation passages and emergency exits, and shall not set fences and other obstacles affecting evacuation in the evacuation passages and emergency exits. Places of entertainment shall set up obvious indication signs at evacuation passages and emergency exits, and shall not cover or cover the indication signs.

    Yes***

    2024-06-15 20:01:05

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