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The Typology Identification Of The Nature Of Parking Service Contracts In Consumer Places

Posted on:2021-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y YangFull Text:PDF
GTID:2416330611960630Subject:Law
Abstract/Summary:PDF Full Text Request
Parking service is becoming more and more popular in places of consumption,such as catering,accommodation,tourism and so on,which provides convenience for people to drive and travel.At the same time,it also causes disputes and disputes about the nature of parking service in consumer places.Because the law of our country has no specific provisions on the nature of parking service,there are different opinions on this in theoretical research and judicial trial.In real life,the form and content of parking service are complex,and the parties' intention is difficult to be inferred.In order to generalize it from complicated case facts to specific legal relations,we should adopt the type thinking.By dividing the types of parking services in consumer places,making clear the similarities and differences of different types of parking services,and identifying the legal nature of parking services in consumer places,we can avoid the confusion phenomenon of "different judgments in the same case",and improve the unity and accuracy of judicial application.To identify the type of parking service contract in consumer place,we should first examine the real intention between the parties,that is,to divide the purpose of parking.As an important manifestation of the inner meaning of parking behavior,parking purpose puts forward specific standards for the inner meaning judgment of the parties.Reviewing and distinguishing the parking purpose of the parking person can accurately understand and grasp the intention of the parties and clarify the purpose of the parties to establish the parking service contract.In daily life,the parking person will park the driving vehicle in the parking lot attached to the consumption place or park the driving vehiclein the parking lot attached to the consumption place just for the purpose of parking the vehicle.However,the civil legal relationship between the two kinds of parking behavior is totally different.Secondly,the parking of vehicles always needs to occupy a certain space and time.As the tangible support of the parking service provided by the consumer place,the parking lot is equally important to identify the nature of the parking service.Different types of parking lot have different software and hardware conditions,and the effect of ensuring vehicle safety is also different.The paper divides the parking lot into three situations: special parking lot,open parking lot and non exclusive parking lot,and analyzes the ability of different types of parking lot to ensure vehicle safety.On this basis,it explores the influence of different strength of vehicle security capacity on the determination of the nature of parking service contract.As a whole,the classification of the parking service contract in the consumer place is to combine the internal meaning expression with the objective safekeeping ability,to classify the parking service behavior in the consumer place by the type thinking,so that the parking behavior can be transformed from the tedious in real life to the basic logic in law,to realize the transformation from the form to the essence,so as to realize the transformation of the parking service contract in the consumer place Accurate and comprehensive understanding of parking service contract.
Keywords/Search Tags:Consumer parking service contract, Vehicle storage contract, Obligation to accompany the vehicle, Type identification
PDF Full Text Request
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