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Car rental in all legal relations
After more than 20 years of development, the car has become one of the vehicles used. However in the car rental industry rapid development at the same time, legal disputes, especially the vehicle when the accident occurred, demand side, of course, was identified as "motor vehicle users" shall bear tort liability has been controversial.
According to the law on tort liability provisions of 49th, leasing, borrowing situations such as traffic accidents, within the scope of the limitation of liability of compulsory motor vehicle insurance which insurance companies after compensation, the shortfall by "motor vehicle users" assume.
General view, demand that "vehicle". Classified according to two models of car rental: one is available only in vehicles, by the need to find the driver, namely car rental; another would provide vehicles at the same time, as the demand side is equipped with driver, car rental.
Car rental legal relationship
In the car leasing business, in accordance with the law No. 212 "lease contract the lessor will deliver the lessee to use the leased property, proceeds, the tenant pays the rent contract" rules, car rental companies and demand for vehicles is a typical lease legal relations between the parties.
When renting the vehicle when the accident occurred, according to the 49th article of the tort liability Act, by insurance companies within the scope of the limitation of liability of compulsory motor vehicle insurance compensation. The short part, covered by vehicle the lessee's liability; car rental businesses to accident fault, the corresponding liability is.
Car rental legal relationship
For car rental, we believe that businesses provide vehicles and drivers for the demand side, generally considered leasing contract relationship exists between enterprises and the demand side, requiring that their bear joint and several liability. Because the actual business is engaged in the transport service, and passenger transport enterprise no essential difference. According to contract method No. 288 article, "transport contract is carrier will passenger or goods from shipment locations transport to agreed locations, passenger, and checked people or consignee paid fare or transport costs of contract" provides known, car rental enterprise employment of driver driving vehicles for needs party provides specific time and features locations of transport service, meet provides service contract of features, so can finds both actual is exists transport service contract relationship.

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