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Car loses the reflection of the legal responsibility of the case and analysis
From;  Author:Stand originally

Run the ceaseless development of the industry as property, all sorts of issue that manage because of property and pose also appear subsequently. Because car place happens,be lost among them and appeal compensates for a case also increasingly grow in quantity, in the issue of claim for compensation that a lot of content manage an enterprise to be immersed in inequity, the health that affects property management badly, harmony develops. [Case] on October 11, 2004 afternoon, owner of Xi'an city some village Mr Guo on the outdoor parking space that one value 235 thousand yuan of sedan place that buy newly manage a company to appoint in this village property, the demand that presses property company handed in 8 yuan to stop fare temporarily, be about to drive when Mr Guo on October 12 morning go out to do license plate, discover this car already disappeared without trace, immediately reports a case to the security authorities to property company and police station. Policemen of classics public security is found out with all possible means, up to now this car had be notted find. Mr Guo already governed company pay to property with this car in September 2005 stop fare temporarily, property management company is responsible custodial car, compensation of requirement property company loses a loss to add up to 183000 yuan. First instance of court of Xi'an city Han Yang district adjudicates, custodial contract impact is made between cognizance both sides, property management company should compensate for owner 183000 yuan. Company of this property management refuses to obey mention appeal, prove without evidence content tube is thin at management, original trial lacks fact and legal basis definitely, lawfully court decision of first trial of cancel of change the original sentence, reject the litigant request of Mr Guo, two careful legal cost all by Guo burden. [Review analyse] in the cognizance process that has the contentious case that lose a car in this, 2 careful are main of the basis is " contract law of People's Republic of China " in the concerned clause about custodial contract. One, the 365th " the custodial content that keeps the contract is pay of person of custodial custodial check, return the contract that returns this content. "   2, the 374th " custodial period inside, because custodian keeps not to be pooh-poohed creates custodial substance damage, missing, custodian ought to assume damages responsibility, but be free surely, custodial him proof does not have gross error, do not assume damages responsibility. "   3, the 367th " custodial contract holds water when custodial content consign oneself, but the except that party both sides has an agreement additionally. "   looks from afore-mentioned clauses, the consign of custodial content will keep the controls right actually exclusiveness occupation of content delivers to custodian actually namely. The meaning that bilateral party keeps with respect to car in afore-mentioned cases expresses not to agree. When Mr Guo jockeys did not give car key or car travel card content runs a company, and content is in charge of a company to never also be issued to Mr Guo jockey proof, do not have custodial contract middleman and guarantor to be in charge of the legal connotation of content consign so. Additional according to approve of Xi'an prices branch of this property company collect fees project and rate, in reaching what property management company and village owner committee sign to entrust a contract, about outdoor parking lot the ground manages income, content canal and owner committee both sides are divided into conventional circumstance analysis, can reach this content is in charge of a company to jockey to its open air a rental hire is formed to concern only between field and car place person, content is in charge of a company to undertake administrative to traffic and car order only, and do not form car to concern surely.
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