Original title: Abroad and parturient was not obtained to support by repatriate claim for compensation
Data chart: New student. Zhong Xin is photographed
In recent years, abroad and parturient fervent with each passing day, but because abroad and parturient advisory service involves standard of the law outside region and administrative standard, appear extremely easily in performing service procedure actually all sorts of problems. Haidian court heard this kind of case one case recently. Because pregnant mom Ms. Lu goes to the United States afore in parturient road by repatriate, tell the company that provides abroad and parturient advisory service ask to the court multiple compensation. Center of confinement of the court decision after forensic classics is tried is returned to Ms. Lu head pay to add up to with airline ticket money more than yuan 33 thousand.
Awkwardness signs an agreement abroad and parturient face is signed by refus and by repatriate
September 2016, advisory company of Ms. Lu and center of an abroad confinement was signed " American mother baby nurses the center orders room agreement book " , conventional Ms. Lu is signed in the contract that day pay subscription. After booking a formula, confinement center is given along with the formula firstly visa reachs domestic United States to involve a service, visa of Ms. Lu choice serves (two) reach involve a service. The agreement is returned in the contract, visa of the lady that be like Lu was not passed or enter when closing by repatriate, confinement center go back its already all subscription of consign, contract termination.
After the contract is signed, ms. Lu paid subscription and visa service fee to confinement center. Confinement center is in will make an appointment twice for Ms. Lu October in those days face autograph, but all sign by refus, cause " book of the agreement that book a room " cannot fulfill. Hind Ms. Lu and confinement center were signed separately " class of a place of strategic importance is parturient service a power of attorney " , agreed cost of whole journey formula, building enters circumstance and confinement service standard in a power of attorney, the beard when requirement Ms. Lu signs a contract pays formula head to pay the charge booking a room that 30% charge regard confinement as the center, the free service item that center of separate agreement confinement offers includes to groom guidance of directive, pass a barrier, offer data of pass a barrier, generation to order airline ticket hotel to wait, the lady that be like Lu because visa repatriate, need to raise written refund requirement to its, its prepaid is returned after examine and verify head pay reach airline ticket fund.
Ms. Lu is in sign a contract to paid subscription that day, already turned into the subscription of this a power of attorney to paid subscription before. By October, ms. Lu accompanies next flying to in its father class of a place of strategic importance, but after arriving at island of class of a place of strategic importance Ms. Lu is rejected to enter a country, and by repatriate. Bilateral party returns a problem to generate controversy because of charge after.
Sue confinement center to exist to ask false 3 times compensation
Accuser Ms. Lu thinks, confinement center is in witting after oneself true condition still acceptance can enter a country smoothly class of a place of strategic importance, abet its deal with false and on-the-job proof and pregnant week proof, conceal visa of conduction medical treatment to need go ahead of the rest to make an appointment the doctor's fact is formed con, need to compensate for 3 times already paid money. Additional, ms. Lu thinks confinement center serves existence blemish, had been pregnant in its its still are arranged to enplane below 36 weeks of circumstances repatriate of together with existence is likely, bring about its to be put in person danger sex.
For this, she appeals to to the court, requirement confinement center opens bill; to return to the contract charge of collection already the cost of collection is ticket of plane of 33125 yuan of; compensation, insurance premium, high the retaining fee outside cost of iron cost, taxi cost, accommodation cost, the examination outside certificate fee, condition, condition, condition, afore-mentioned loss shares ask according to double undertake compensatory, seek redress adds up to more than yuan 118 thousand, pay double compensation 99375 yuan, compensatory spirit loss expends 5000 yuan, apologize publicly.
In front courtyard careful, center of the accused confinement thinks oneself behavior is not formed con, and the advisory service that its provide is nonexistent blemish, had fulfilled according to it, refus autograph risk and repatriate risk inform Ms. Lu before the autograph is made an appointment with, reason agrees to return the airline ticket of subscription and Ms. Lu only.
Adjudicative confinement center is not put con and abroad parturient take risk oneself
The court thinks after classics cognizance, palpability is noted to cannot enter a country smoothly in a power of attorney the corresponding consequence of class of a place of strategic importance is namely return head pay reach airline ticket fund, because this confinement center is nonexistent,hide the action of refus autograph and repatriate risk. Existing evidence cannot prove confinement center existence is abet the act that its open false proof, whether can pregnant woman enplane to still want professional judgement, confinement center is nonexistent fraudulent action.
Additional, the Mu Zizhao after the court thinks the main contract obligation of confinement center is to be aimed at Ms. Lu to produce is considered etc. Show its by repatriate, the main service obligation of confinement center was not fulfilled, groom with respect to what already fulfilled the service content that directive, generation orders airline ticket public house is not put in blemish. The confinement center that Ms. Lu place emphasizes arranges his to enplane, bring about its to have extremely tall person danger sex, but its fulfill a place to know perfectly well to the contract, its regard competence of completely civil action as the person, below the case that has pregnancy, the choice is abroad and parturient, answer to assume corresponding risk by oneself.
Because a power of attorney is medium,the consequence that causes a contract to cannot be fulfilled to Ms. Lu repatriate made definite agreement, the court adjudicates confinement center is returned to Ms. Lu finally head pay to add up to with airline ticket money more than yuan 33 thousand.
Commentate whether con law has the way set specific condition every proposal is different
Zhang Huicong of judge of court of this case undertaker, Haidian says, in judicatory practice, serve an item in the light of this, consumer thinks confinement center is put in the behavior such as false conduct propaganda more, think confinement center existence is con accordingly, requirement cancel contract or cognizance contract is invalid, or the view is multiple compensation. To this, consumer needs witting and fraudulent action maintain should combine legislation agreement of regulation, contract, contract is specific fulfill the specific judgement such as the circumstance.
Above all basis " contract law of People's Republic of China " regulation, those who have one of following state, the contract is invalid: "(one) one party concludes with con, threatening method contract, damage national interest;(2) ill will is colluded with, damage country, collective or;(of interest of the 3rd person 3) mask illegal purpose;(with legal form 4) damage a society public interest;(5) of lawbreaking, administrative regulations mandatory regulation. " " top people court about applicable < contract law of People's Republic of China > the explanation of a certain number of problems (2) " regulation: "Contract law sets ' mandatory set ' , it is to show effectiveness sex is mandatory regulation. " that is to say, the effectiveness sex that disobeyed law, administrative regulations in the fraudulent action of confinement center only is mandatory regulation, and the ability when harming national interest can bring about a contract to disable.
Next, " contract law of People's Republic of China " regulation: "One party with con, threatening method or take advantage of sb's precarious situation, make the other side issues concluded contract in the condition that violates true meaning, damage kills Fang Youquan to ask people court arbitral perhaps orgnaization is changed or cancel. " from this knowable, fraudulent action is to show one party party tells each other intentionally false circumstance, conceal true condition intentionally perhaps, prevail on the opposing party makes wrong meaning denotive behavior. The citizen that accepts abroad and parturient advisory service is person of competence of completely civil action mostly, the autograph makes an appointment with behavior in principle to be both sides the voluntary action after understanding contract content, after even if autograph is made an appointment with, discover this company public praise is bad, odium is more, but the evaluation that alien of case of consumer points for attention performs a circumstance to other contract, the existence in proving this center very hard to be made an appointment with in autograph of experience case contract hides the action that reachs wrong what one does not expect of prevail on consumer to amount to intentionally, not agree with in order to publicize with public praise only accordingly, the company that can't prove to provide a service is put have fraudulent action, the law that also cannot produce cancel contract is sequential. And in if be being accepted,serving a process, the service that thinks to offer is put imperfect, what narrate in this case for instance face refus autograph or repatriate problem to wait, the contract that needs to combine both sides to sign and contact correspondence are communicated wait for particular case to decide.
In this case, because the contract informed refus clearly,autograph and repatriate risk agreed corresponding processing opinion, both sides signs contract agreement should be abided by namely after affirming, confinement center is not formed con. But if its are offerred the service nots agree with with contract agreement truly, nobody happen to receive machine matters concerned to wait after entering a country for instance, confinement center also cannot offer logical explanation, should return the charge with corresponding consumer.
■ the judge reminds
Whether to break the law to evaluate a risk by his country taller dimension authority is not easy
Zhang Huicong of Haidian court judge expresses, be in what center of this kind of our country confinement offers commonly to all be go to abroad and parturient a series of seeking advice from reach abroad the service that engage. The country is industrial and commercial do not have in scope of operations of total bureau company " assistance is abroad and parturient " this one management project, but seek advice reach book a service to be not in our country prohibit managing, limitation is managed, concessionary management project, our country law also has no regulation of proclaimed in writing to prohibit the citizen bears children in another sovereign state home.
Zhang Huicong reminds say, the name that lends travel heads for abroad and parturient likelihood to face all sorts of law hazards and safe risk, refus autograph, repatriate, recessive collect fees etc hidden trouble is heavy, once together with right suffers enroach on, because enroach on behavior may produce overseas, the right is relieved also come true harder, reason needs discreet choice, rational consumption.
This edition writes Huang Xiaoyu of reporter of article Beijing morning paper
