" with case commentate law " sign plate to rent consultative happening dispute under the counter h

" with case commentate law " sign plate to rent consultative happening dispute under the counter how does thought for the time being? " with case commentate law " sign plate to rent consultative happening dispute under the counter how does thought for the time being?

In front courtyard careful, the judge just signs to party Shi Mingshuang " plate rents agreement " put in invalid case, mr Wang insists to ask Mr Li is returned still its are small index of passenger car configuration and dweller Id, mr Li affirms its ever used id card of Mr Wang dweller and did not return.

Judge □ view

Haidian thinks after forensic cognizance, mr Wang is signed with Mr Li " plate rents agreement " contract purpose is to rent Beijing small passenger car to configure index to undertake use, this behavior disturbed Beijing configures the public order that index adjusting control administers to small passenger car, this contract should belong to reason invalid. The contract disables or by cancel hind, because of the property that this contract acquires, ought to give return still, cannot return return or not was necessary to return return, ought to compensation of convert into money. The one party that has fault ought to recoup the loss that the other side gets accordingly, both sides has fault, ought to assume corresponding responsibility.

Afore-mentioned " plate rents agreement " department party both sides is signed of one's own accord, both sides all is put in fault to this, show Mr Wang appeal Mr Li compensates for his the loss of rental index, without fact and legal basis, the court does not grant to support. In front courtyard careful, 11 thousand yuan of hire that Mr Li is willing to already will pay Mr Wang and 5000 yuan of cash pledge serve as compensation, to this court not dissent.

The judge points out, essence of car name brand is management department of public security transportation register to this motor vehicle outside change expressional form, it is a kind of when traffic administration department buys a person to issue to car license qualification that allows start off travel, its are dealt with, the limits that the item such as cancel does not belong to people court to hear civil suit, should belong to administration category, the lawsuit that to Mr Wang appeal Mr Li assists conduction cancel to register asks friend, the court does not grant to support. Additional, the index that buy a car belongs to qualification of a kind of license, be not matter right law to protect the content on the meaning, also be not belongings, reason cannot evaluate is nonexistent also return the problem that returns index, and state according to both sides, the small passenger car that Mr Wang wins configures index to be used actually already, reason to Mr Wang appeal Mr Li returns small still passenger car to configure index, the court also does not grant to support.

The judge still expresses, basis " Id of dweller of People's Republic of China law " regulation, rental, lend, make over dweller Id to attribute illegal action. Mr Li proves Mr Wang Id without significant evidence is be taken away by case alien, accordingly, mr Li should remand Id of Mr Wang dweller. Finally, the court adjudicates Mr Li is returned return the dweller id card of Mr Wang.

未经允许不得转载:News » " with case commentate law " sign plate to rent consultative happening dispute under the counter h