Research On The Damage Compensation Of Vehicles In Parking Lot

In practice,when the vehicle is parked in the parking lot,the liability of the actual infringer is often difficult to determine because the act of a third party is damaged and stolen.Therefore,it is very easy to have disputes between parking managers and parking owners on vehicle compensation,and such disputes gradually increase with the growth of car ownership.Previous resaerches mainly focused on the identification of the nature of parking contracts and the legal relationship of parking lot damage disputes.There are few researches on the quality of parking lot vehicle custody obligation and the identification of parking lot vehicle damage tort liability.This thesis adopts the case study method.The 270 judgments selected by the Judicial Documents Network are taken as research samples for induction and analysis.It is concluded that there are some problems in the adjudication practice of the dispute cases of vehicle damage in the parking lot,such as the identification of the nature of the parking contract,the identification of the custody obligation of the parking lot and the identification of the tort liability of the parking lot.By sorting out relevant theories and judicial opinions,analyzing parking management regulations in several cities,summarizing related literature on vehicle disputes in parking lots,and investigating some urban traffic administrations,the suggestion of uniform adjudication rules for vehicle damage dispute in parking lot is put forward.The conclusions of this thesis are as follows.First,to identify the nature of the parking contract,the uniform rules of judgment are as follows.Based on the principle of determining the parking contract as the site use contract,it can be agreed in advance as the custody contract.If there are other basic legal relationships,it is determined as other basic legal relationships;The second is the identification of the nature of the parking lot custody obligation.The unified judgment rule is based on the principle that the obligation of the parking lot to keep vehicles belongs to the collateral obligation of the contract.In the non-custody contract relationship,the custody obligation of parking lot belongs to the attached obligation of the contract;In the tort relationship,the parking lot custody obligation is the security obligation.When it is agreed to keep the contract and make a special agreement on the property service contract,it is the obligation of the contract owner to pay;The third is to unify the rules for determining the liability for infringement in parking lots,with the principle of determining the responsibility of parking lot managers as a supplementary responsibility.In the dispute without third party infringement,the parking lot manager shall bear sole responsibility;In the dispute of third party infringement,the parking lot manager assumes the supplementary liability.