Research On Designated Driver Contract

The service provided by the generation driving company has brought more convenience to the life of consumers.As the generation driving company has formally embarked on the road of legalization,the driving agent industry has also ushered in new opportunities for development.Therefore,it is very important to define the concept,characteristics,legal nature,and responsibility of the dispute.Driving on behalf of the contract provide labor services for the subject of the contract,can not be classified into the existing contract,a nameless contract;the current legislation of our country although there are provisions set of contract,but these regulations to solve specific drunk driving on behalf of service agreement dispute,the lack of specific operational and legal applicability is not strong.Aiming at the reality of life in driving services on behalf of type of diversified development,should be the basis of the civil law,formulate laws and regulations on driving on behalf of the contract in the contract law,the definite property of driving on behalf of contract and legal provisions in detail to drive services to regulation,by driving on behalf of the service agreement to prevent and reduce disputes,and clear driving services on behalf of the rights and obligations of the parties of the agreement;the driving services on behalf of legal and institutional guarantee,promote effectively solve the disputes on behalf of the drive.Driving is a kind of act that the owner or manager of a motor vehicle allows others to drive and provide services or help.The generation driving contract refers to the contract between the driver and the driver,who will be sent to the destination safely by the driver and his vehicle.The contract is paid by the driver according to the contract.First,drunk driving service contract is a contract of double duty and noo.Second,the subject of the contract of generation is "things and behavior".Third,the contract for the generation of driving is an anonymous contract.Fourth,the driving contract is a kind of non contract.Based on the above analysis,it can be seen that this kind of wine driving service agreement does not belong to the 15 famous contracts stipulated in the contract law of China.It is an independent anonymous contract,namely service contract.A service contract,in general, efers to a contract in which all or part of the service is the content of the debt,or the contract of the same or service that provides the service.In the contract of generation,the main body of the driving contract is the company and the consumer,and the relationship between the two is the legal relationship between the creditor and the debtor.The business organization that is engaged in the driving service business is the agent driving company.The driving agent belongs to the substitute driving company,which is a qualified driver for the consumers to provide driving services.The driving service consumer is the customer who receives the service on behalf of the service,or the consumer for short.The creditor has the right to ask the debtor to perform his duties in accordance with the law and the provisions of the contract,while the debtor is obliged to perform certain duties based on law and contract.Therefore,the generation of driving contract between the "object" refers to the generation of driving the main contract between the rights and obligations of the common point of the object;that is driving on behalf of the company to be driving on behalf of Party(or the right to have the driver of the vehicle and temporary management personnel)provide driving service,in accordance with the contract consumers and the safety of vehicles sent to the designated place and pay service.The content of a proxy contract refers to the rights and obligations arising from the stipulations of the law and the contract.In the contract of generation,the liability for breach of contract is basically a kind of property liability,which is usually compensatory.The main forms of responsibility include the cancellation of the contract,the actual performance,the damages for the breach of contract,the breach of contract,the liability of the deposit and so on.As a new type of nameless contract,the contract driving law has no definite legal provisions,and there is no corresponding definition of the attribution principle applied to it.In social practice,the doctrine of imputation for the liability for breach of contract is still controversial.The author believes that the principle of liability for liability for breach of contract is not applicable to the principle of fault liability,and the strict liability principle established by the contract law should be strictly fulfilled.If there is a statutory or contractual exemption condition,the contract can not be fulfilled in the driving service.The debtor in the contract will be exempt from performing bligations or delayed performance,and the debtor can not be liable for breach of contract because of the conditions of exemption.First,the legal exemption conditions of the contract for the generation of driving.1.The phenomenon of social abnormality.2,the consumer intentionally or major negligence.3.Natural disasters.Second,the exemption clause stipulated in the contract for the generation of driving.The exemption clause of the generation driving contract refers to the contract terms of the driver's contract which excludes or restricts the future liability of the driver's service by the agreement.Such a contract's exemption clause must be express and has the function of the exemption function.The problems in the dispute resolution of China's driving contract are: 1.The nature of the contract is not clearly defined.2.The agreement of the contract is not clear.3.It is difficult to identify the validity of the contract.4.There is a lack of accountability system for breach of contract.Measures to improve the dispute resolution mechanism of China's driving contract: 1.Define the nature of the driving contract accurately.The nature of the generation driving contract should be clear,making appropriate guidance for consumers to choose the way of driving,and standardizing the generation driving contract from legislation.2,specifically stipulate the specific content of the contract for the generation of driving.The written form of the proxy contract,the standard industry contract,the contract publicity system and so on,should be clearly defined,so as to make the drunk driving contract more intuitive and clear.To clarify the rights and obligations of the parties,it is an important legal measure to solve the frequent disputes in the practice of defining the contractual rights and contractual obligations of the parties.3,distinguish the validity of the contract when the consumer's contracting ability is missing.4,build a complete system of accountability for breach of contract.Define the responsibility principle and exemption cause of the contract of generation,clear the form of breach of contract,and specify the form of liability for breach of contract.