浅析小区内停车合同性质

On the Nature of Residential Parking Contract

随着经济与社会的发展,私家车成为大众的代步工具。而车辆的普及使得与车辆相关的纠纷越多,尤其是日趋困难的停车问题。因此若发生车辆被划花或者丢失等情况时,由谁来承担责任等问题就显得尤为重要。责任的承担来自于停车场合同性质的认定。由于法律对此没有明确规定,而理论界就停车场法律关系的认定也不统一。实务中,对车辆停放丢失、毁损的赔偿责任认定也出现了两极化的结果。本文主要就小区内的停车问题发表一些自己的看法,其他类型停车场不予论述。

With economic and social developing, more and more people use private cars. The growingpopularity of the vehicle, causing a lot of trouble. Especially the parking problem. So if the vehicle hadbeen scratching or loss and other problems, who bears the responsibility for such issues is particularly im-portant. Responsibility from the identified parking contractual nature. Since the law does not have detailedoperational requirements and theorists found parking on the legal relationship is not uniform. Practice,parked the vehicle is lost, damaged responsibilities identified also appeared polarized results. So I mainlypublished some of my views on parking problems within the district, will not be discussed in other types ofparking.