Sending a car without a card, losing a car, who will compensate?

Lawyer Cao The Luan, Kao Kien Law Firm, replied: Pursuant to Article 554 of the Civil Code 2015 stipulates the contract of custody of property: The contract of custody of property is an agreement between the parties, according to law. whereby the custodian receives the depositor’s property for preservation and returns the same property to the depositor upon the expiry of the contract term, the depositor must pay remuneration to the custodian, except in the case of a depositary without payment.

Accordingly, parking is an agreement between you and the parking attendant, the parties will have rights and obligations within a certain period of time.

Illustration.

Clause 1, Article 119 of the 2015 Civil Code provides for forms of civil transactions, including: Civil transactions are expressed verbally, in writing or by specific acts.

Thus, according to the provisions of law, a deposit and hold contract is not necessarily in writing. Therefore, when you hand over your car to the security guard to look after the car and get consent (instructions on parking), you and the parking attendant have a parking relationship.

Therefore, even though you do not have a parking card, as long as you prove that you have parked your car there, with the consent of the parking staff, they are responsible for compensation according to the provisions of Clause 4 of this Article. 557 Civil Code: Must pay compensation for loss or damage of deposited property, except for force majeure.

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