Da Liu signed a car rental contract with a car rental company and rented a car for his own use. A traffic accident occurred during the borrowing of his friend Xiao Gang, and the traffic police department determined that Xiao Gang was fully responsible. The cost of car damage to the leased vehicle is nearly 20,000 yuan, who should the leasing company find to bear?
——Da Liu can be required to bear it based on the lease contract.
Paragraph 2 of Article 465 of the Civil Code A contract established in accordance with law shall only have legal effect on the parties, unless otherwise provided by law.
The principle of privity of contract strictly limits the validity of a contract to the parties, which is an important basis for identifying the subject of the contract and determining the liability of the contract. The connotation of the relativity of contract is that only the parties to the contract can make a claim or file a lawsuit against the other party based on the contract, but cannot make a contractual claim against a third party who has no contractual relationship with them. The cause of action in this case is a dispute over a lease contract, and according to the relativity of contract, the car rental company has the right to require Da Liu to bear the liability for damages for breach of contract for the losses caused by the traffic accident caused by the rental vehicle driven by Xiao Gang, an outsider to the case. After Da Liu assumes the liability for compensation, he can separately recover from Xiao Gang based on the borrowing dispute.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Hao Zili
Producer: Zhao Min, Zhong Xiao
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