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On The Case Of Mr Yang Suing A Car Parking Place For Car Parking Dispute

Posted on:2014-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:X H YangFull Text:PDF
GTID:2266330425986866Subject:Law
Abstract/Summary:PDF Full Text Request
With the improvement of people’s living standard, more and more people haveprivate cars. So there are more and more disputes of car parking. Therefore, the legalproblems of such disputes are worth researching. In the case quoted in my thesis, MrYang sued the car parking place for car loss. In the course of the judicial proceedings,there are different ideas about the law relationships between Mr Yang and the carparking place. The main dispute is whether it is a safekeeping contract or parkingplace renting contract between the car parker and the parking place. Such disputeexists mainly because there is no clear expression of the law relationships between theparker and the parking place. Safekeeping contract misunderstands the manager ofparking place; while parking place renting contract overlooks the law duties of theparking place. Therefore, it is neither the safekeeping contract nor the parking placerenting contract between the car parker and the parking place. Car damage or loss areusually caused by a third party’s infringement act. So a third party should compensate.And the manager of parking place bears the corresponding supplementary liability ifhe fails to fulfill his obligations. Therefore, it is better to solve it considering the faultliability and the supplement liability according to the37tharticle of safety ensuringobligation in Tort Liability Law.
Keywords/Search Tags:car parking, safekeeping contract, parking place renting contract, obligation of safety guarantee
PDF Full Text Request
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