Legal Analysis Of The Case About Depository Contract Disputes Between Property Company And Cao Hui

At present, more and more citizens choose to travel with vehicles with the improvement of people's livelihood. Result accompanied is the emergence of car-jacking and increase of disputed cases. One of a relative typical case is cars were stolen by thieves in residential area.All of this triggered a problem worthy of discussion:what on earth does the parking contract of vehicle from the legal nature belongs to?Does it belong to the depository contract,lease contract or other service contract? How to assess risk and the mechanism of interest balance.There are three points of view in practice. Firstly, it thought to be depository contract. The second view is site lease contract and the third is property contract.Because parking lot and custody manner are different, disputations caused by them also varies. And there is no definite legal regulations on this kind of issue so it is controversial to deal with.Based on civil law theory, judicial practice and combined actual case, preliminary discussion was conducted in this article on the issue of the understanding of depository contract and the definition of depository contract, lease contract and property service contract. All have done in order to have a precise grasp and definition of this case in judicial practice.Three parts composed in this article in approximately twenty thousand words with the main contents as follows:The first part:basic case and its related legal issue. Firstly, this part introduced the basic situation of the case and the process of the lawsuits being handled by the court. Then it pointed out the disputed focus of this case and case related problem.The second part:this case related law analysis about vehicle depository contract. Based on some questions of the first part, this part has conducted some theory analysis on the bounds of depository contract, site lease contract and property service contract. Combined with these theories, it is also have a legal analysis on the case of Cao Hui appeal the property management company.The third part:it proposed the solving method about the legislation suggestions on contract of parking lot in residential area in the aim of set up a relative complete and unified legislation system of parking lot in residential area and the definition of depository contract, lease contract and property service contract. All have done in order to have a precise grasp and definition of this case in judicial practice.