Analysis Of The Legal Relationship On Car Parking Disputes

The development of social economy and expedition and population flows havewitnessed the increasing ownership of cars,which has consequently incurred manycompensation cases concerning car losses and damage. The cases mentioned abovehave not only caused many controversies in theory,but also seen different verdicts injudicial practices. As a result,the author thinks it is very essential to clarify thesubsequent legal problems incurred by these cases.The thesis is composed of four parts.Concerning the first part, the author will present the main idea----problemsconcerning parking disputes through case demonstrations. Secondly, the author willpropose the parking lot types which will be mainly discussed in the essay with theparking lot types classified by the theories and the current laws and rules as well asthe car parking disputes frequently seen in judicial practices. Besides, the author willpoint out the complicated features of the car parking disputes and propose severalproblems through strict definitions of car parking disputes and the reasons for car parking disputes. At the end of the first part, the author will state the features of thecar parking disputes when the judges deal with such cases and the parties press thecharges on the basis of the judicial practices in China and the case analysis.Concerning the second part, the author will differentiate the possible legalrelations of car parking disputes through the types and parking lots and analyze thedistributions of the rights and obligations of the parties in different legal relations.Besides, the author will classify the relations concerning the car deposit contractsand the tenancy contracts. The author will present the idea that the Legal custodyrelation doesn’t belong to the car parking disputes on the analysis of Legal custodycontracts and detailed cases.The court has rarely made judicial verdicts based on the reason of thebreachment of the collateral obligations of the contracts by the car parking serviceproviders in the car parking disputes. The author proposes the possibilities of validityof the collateral obligations od the contracts based on the concept of fairness and thesafeguard of benefits and rights of both parties. At the end of this part, the authorwill explore the probablities of the tort law relationship between the parking lots and the car owners and car depositors.Concerning the third part,the author will propse the detailed standards ofdefinitions in the relations concerning the car deposit contracts and the tenancycontracts.IE, the author will decide whether the cars have been handed over andwhether the parking lots have occupied and actually controlled with the explorationof true meanings of both parties as well as the factors of diferent types, operations,supervisions and external environments of parking lots. Secondly, concerning thedefinitions of the collateral obligations of contracts, the author insists that we shouldconsider the the reasonable liabilities and the purposes,attributes and trading habitson the principle of good faith.Besides,we should also stick to The principle ofproper limitsFinally, in the dropback of implications of tort law,the author will explore thepossibilities of charges pressed by the car owners in the reason of the violations ofsafety control duties by the operators of consumer spending places as well as thelimitations of verdicts by the judges.At the end of the essay, the author will summerize the essay and classify the possible legal relations involving various parking lots in order to smoothe the lawapplications and the protect the legal rights and benefits concerning relevant parties.