On Nature And Responsibilities About Contract Of Interactive Institutional Service For The Elderly

Interactive agency in the off-site old-age pension on the basis proposed, is a new way of the aged. Specifically refers to old-age pension organizations and agreement between the different places to live for the purpose of raising people to leave their old-age pension institutions to pension institutions in different places of life a way of life. Interactive agency services contract is the kind of old-age pension contract arising under way. Social life, the emergence of new legal phenomenon, will form a new legal relationship. In response to this new legal relationship it is necessary to conduct legal analysis. In this paper, interactive agency concept of pension service contract, subject, nature and responsibilities of the study to the actual life of the related issues arise Theoretical support and inspiration for the administration of justice. Chapter pension services in the interactive agency, after the meaning of the contract type of the method used interactive agency care service provider contract forms into separate organizations and Non-independent, corresponding to old-age interactive services agency relationship in the body of contract law both parties and three parties, after the text to define the specific nature of the service contract.The second chapter analyzes the main method of analogy, the package of interactive services, pension services under the agency contract with the package tour contract analogy, comparing Germany, Japan and Taiwan of China Tourist contractual nature, based on the package of services under this contract identified as similar to the contract nature of the contract.The third chapter analyzes the interaction between institutional care service contract contractual liability and disclaimer, and for this contract has designed its own system of risk burden. Pension service interactive agency contract shall be as attributable to the principle of strict liability; strict liability under the existing exemptions only exempt the contract to be able to assume responsibility; accidents are not exemptions, post-default contract shall bear the responsibility; sudden illness an accident events; care service interactive agency in the performance of the contract led to government action in case of off-site can not complete the contract, force majeure, breach of contract but does not assume the risk burden for the system; the burden of risk under the contract system should be to "begin to fulfill" as risk transfer demarcation point.