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On the Nature and the Liability of the Personal Substitute Driving for Drinkers

Author: ZuoXueZuo
Tutor: ZhangChunPu
School: Tianjin University of Commerce
Course: Civil and Commercial Law
Keywords: substitute driving for drinkers personal substitute driving for drinkers the elements of the liability
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 239
Quote: 2
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Abstract

Substitute driving for drinkers, means driving by a professional driver, and carrying the drinkers and his car to the agreed place.There are three types of substitute driving for drinkers: firstly,substitute driving company which is providing professional substitute driving services;secondly,the restaurants;thirdly,personal.In this thesis,the object of study is the third category, and to explore the nature and the responsibility of the substitute driving for drinkers.In addition to the introduction and conclusion, the article is divided into four parts:The first part is an overview of substitute driving for drinkers. This section discusses how to define the concept and the specific types of the substitute driving.Through detailed analysis, this article define the concept of the substitute driving is someone drive the car for the drinkers,and sent he and his car to the agreed places or some safe place. There are three types of substitute driving, the feast organizer,the friends of the drinkers and somebody elses.Somebody elses substitute driving have two kinds,paid and unpaid.The second part is the analysis and discussion to the feast organizer substitute driving. By studying the security obligation in our country and the represent nation of the Hindu law system and the common law system,I think the feast organizer have the security obligation.They take the substitute driving behavior is to performance their security obligation.And then,I analyze and reached a specific conclusion of the elements and the undertaken of the liability,as well as the exception condition when the driver against the interest of the drinkers.The third part is the research of the friends substitute driving. Firstly,to discuss the nature of the friends substitute driving,compare the friends substitute driving and the free contract、the gestio、the friendship behavior,the conclusion is the friendship behavior.On this foundation,I analyze the elements and the undertaken of the liability,and to discuss whether to reduce the responsibility when the driver against the interest of the drinkers.The fourth part is to discuss the issues in the somebody else substitute driving. After researching the nature of the commission contract and the employment contract,I think the nature of the paid substitute driving by somebody else is a employment contract.And then I analyze the elements and the undertaken of the liability when the driver against the interest of the drinkers;After analyzing the nature of good samaritan,the the friendship behavior and the gestio,I think the nature of the unpaid substitute driving by somebody else is the gestio.And then I analyze the elements and the undertaken of the liability when the driver against the interest of the drinkers.

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