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1、 On the supermarket Self Storage Properties Abstract Self Storage has become one of the indispensable service in the supermarket today, but the nature of the service is still no clearly defined in the 2000 Li Xingying cases after the one-sided interests and turn to the supermarket, but the actual on
2、 the behavior should be a subsidiary behavior, it is consistent with the behavior of the various features of the subsidiary list. discuss the behavior, think then Li Xingying case in fact, the judgment of the certain discrepancies should be appropriate to consider the interests of customers and supe
3、rmarkets this subsidiary behavior. Paper Keywords subsidiary providers act essentially trade practices with commercial subject-profit I. Introduction 2000 Self Storage cabinet case has become the focus of attention, but the results of the trial of the case made public some regret and alert look back
4、 at the case again after 12 years, but people have some new views and doubts. originally the focus of controversy in the case is whether the behavior of the Self Storage shall be determined as the nature of the behavior? lawyers on both sides disagree To address this issue, in the custody of and deb
5、ate on the contract of loan. The plaintiffs lawyers believe << Contract Law in China >> Article 365 provides: “The storage contract for depository keeps the deposit delivered by the depositor, and the return of the contract.” Section 367 provides that: “The storage contract for delivery
6、of the deposit when established, unless the parties have agreed otherwise. “storage contracts should be established to the custody of the delivery of its conditions. plaintiffs lawyers Self Storage cabinet supermarket to attract consumers to their store shopping, but also to ensure its store cargo s
7、ecurity and set the custodian services for shopping and derived out of the case both parties formed the custody of the contractual relationship is due to the fault of the defendant, RT-Mart supermarket or deficiencies to management responsibilities, resulting in the loss of the property of the plain
8、tiff Storage, RT-Mart The supermarket should bear civil liability. But defense lawyers that such acts should be a contract of loan, contract law, although the contract does not specify, but scholars will be defined as “the parties have agreed that the party to the matter unpaid loans and other parti
9、es, the other parties to use after the return of its property contract. “Bi defendant parties believe that RT-Mart supermarket to facilitate consumer shopping to consumers free of charge to provide a self-service storage cabinet, the two sides on this cabinet formed free of charge to borrow contract
10、ual relationship. provided by the RT-Mart supermarket self-service storage cabinet is a quality product, RT-Mart supermarket methods and precautions also has explicitly informed to the consumer, although legal obligation to inform. Both contractual relationship in the direction of delivery, delivery
11、 very different object, but not difficult to find two lawyers in the confrontation of ideas unnatural self-storage behavior regarded as an act of contract, so they fell into the contract controversy. subsidiary business behavior, the behavior is defined would be more appropriate, that is, the behavi
12、or should be recognized as a provider behavior rather than the behavior of the contract. called the behavior is, the commercial subjects engaged in any business activities, as well as any subject engaged -for-profit business behavior. classification There are many, compare the above case can be foun
13、d in shopping centers to provide independent storage behave like satellite provider behavior, so the following analysis about such business behavior. Second, the theoretical basis and characteristics of Subsidiary business behavior is a and basic business behavior relative concept, the basic provide
14、r behavior is refers directly directly engaged in profit-making business behavior of provider behavior, and subsidiary business behavior then is refers to the act itself and can not be directly reached commercial subject the To achieve the business purpose, but can play a supporting role in the beha
15、vior of the achievement of the basic business behavior is more common cargo transportation, warehousing, processing, packaging and other service activities, but should be noted that the subsidiary acts relative, because modern social division of labor and meticulous lead to many subsidiary behavior
16、is attached to the basic business behavior, but the industry is perhaps the basic firm order. most simple example, free pick-up for the supermarket is the behavior of its subsidiary for the transportation industry, but this is their The basic firm order. A subsidiary of Business Conduct theoretical
17、existence of civil law a product of the National Commercial Code, there are loopholes in the law, judicial and statutory means to fill such legal loopholes. Earliest theoretical legal basis exists in the French Commercial Code: one is France 1978 July 16 law Article L411-2, and the second is the Fre
18、nch Commercial Code, the provisions of section 632 (10: wholesalers, merchants and bankers all debts are Business Conduct, its French business Code Section 638 (2 stipulates that the practice of the subsidiary business behavior theory based can eliminate the difficulties brought about by acts of civ
19、il and commercial matters of Division, cases under the jurisdiction of the Commercial Court reclassified vertical In fact, in real life, many of the behavior of the original civil conduct, but because responsibility is found needs, whether it be so fair consideration provisions that meet certain cha
20、racteristics of the such acts no longer as a civil behavior be taken into account, but acts as a supplier to be judged in our current legal provisions, but in Korea Business >> << Japanese Commercial Code >> and <<. << Japanese Commercial Code. in Section 503 provisions
21、 on subsidiary business behavior “behavior businessman implementation of its business, for the business behavior.” “businessmans behavior is presumed to be the behavior of the implementation of its business”. >> << Korean commercial law stipulates the basic trade practices 21 , the provi
22、sions of Article 47 subsidiaries behavior businessman operating behavior, Business Conduct. “behavior of the businessman, presumed to be for operating behavior.” from law The subsidiary business behavior can be found the main features are the following: (A subsidiary Such acts are not independent na
23、ture of the behavior, but because of the generation of basic business behavior and the behavior generated based on the behavior just to better enable basic trade practices to be carried out there, so it has a subsidiary rather than an independent provider behavior. free shuttle bus to the supermarke
24、t, for example, the behavior is not the main business of the supermarket, the supermarkets main business is trading, rather than transport, but the transport behavior to the supermarket the main business of existence, free to receive car can expand the supermarket radiating to expand its customer ba
25、se, although the main business has nothing to do with the supermarket but the behavior of the supermarket trader behavior supporting role, allowing basic business behavior smooth implementation. Reposted elsewhere in the Research Papers Download http:/(civil As noted earlier, in fact, in the absence
26、 of subsidiary business behavior is the behavior identified as civil conduct just because so changes in order to comply with certain conditions of Business Conduct, that is, only the behavior of a civil nature to became a subsidiary business behavior, if the behavior has always been commercial act t
27、hen it is not possible to use the theory. originally provider behavior can be directly applicable to the supplier acts of its adjustment is not necessary applicable subsidiary behavior theory to discuss. subsidiary business behavior was originally to be adjusted as a civil behavior, but because of i
28、ts special composition and its relationship with basic business behavior before it acts as a supplier to be considering. (Three behavior should be a businessman qualified commercial subjects Implementation of civil acts of civil subject is to be adjusted by the civil law, commercial subjects impleme
29、ntation of civil behavior be possible to become a subsidiary business behavior, so the nature of the actors is also crucial factors, the lack of the main conditions, other conditions in line is not able to identify the behavior of the subsidiary suppliers. (Only four in business activities in the im
30、plementation of behavior can be identified as a subsidiary business behavior If only businessmen for their own convenience and a car, which is difficult to identify firm order and the business because it does not matter, but if it is opened for business behavior and free shuttle bus service, can be
31、identified because the subsidiary Business Conduct obviously should be services for the basic business behavior Without this nature can not be considered that it is a provider behavior, that it is a civil act, for the purposes of civil behavior, and Business Behaviour The larger the difference. The
32、above analysis is not much controversy in the existing field of law in China, and subsidiary business behavior commercial purposes if the elements of such acts, controversial larger. Existing national regulations in the existing areas different, for example, in Belgium, he said that even if a certai
33、n behavior is the behavior of businessmen to meet the needs of its commercial matters, if such behavior is not the purpose of profit-based, such acts must not be seen as a subsidiary business behavior. However, the French doctrine has no requirements for profit think that as long as such acts are bu
34、sinessmen to meet its suppliers do life need or with Commercial activities related to, such acts can be considered a subsidiary business behavior. personal subsidiary business behavior is not even profit shall be determined the nature of its business behavior in real life, the many auxiliary purpose
35、 of the act is to expand or attract customers and to make their main business can be increased development or results. For this reason, the the behavior of free and can not deny its nature, it is not difficult to see that the act already has more than three characteristics, and the behavior to make
36、though never for-profit, comprehensive basic business behavior can still see the purpose of the act is still profit , and to a large extent to achieve the purpose, but its implementation is not directly reflected in the act itself, but reflected in the behavior of the basic business profit subsidiar
37、y of whether the act itself not assume profit subsidiary of provider behavior an inevitable requirement . Third, for the analysis of the case In accordance with the view expressed earlier, supermarket Self Storage behavior should be recognized as an auxiliary provider behavior. Analyze his first sub
38、sidiary in the supermarket Self Storage is not the sake of aspects to provide consumers with the services provided, supermarket in the convenient management purposes, and in many foreign supermarket can be the customers belongings into the supermarket, so that this behavior is a supermarket regard f
39、or their own management needs and activities, and its main business is different and there is no profit, but this does not prove that the behavior is not a subsidiary of provider behavior. Second, civil, Storage behavior of the original civil, as the two lawyers in the case that, if not in subsidiar
40、y behavior theory the behavior of the civil conduct, it should be by the civil law to adjust, that is borrowed the relationship. means that the act does not belong to the basic trade practices, so to meet the conditions of civil subsidiary business behavior. Again about the main body, the supermarke
41、t side obviously is a qualified supplier main with Business Law qualification or ability, can according to the law in their own name to participate in the commercial relationship, enjoy the rights of Shoji independent accept Shoji obligations, the same time the implementation of the business activit
42、ies and to as a profession. supermarket is competent commercial subject, the behavior of which it may become a subsidiary of provider behavior and its behavior occurred also occurred in the supermarket business hours, will be in the supermarket business behavior. So you can think supermarket offers
43、self storage behavior is an auxiliary behavior Self Storage behavior can not directly profit, but the occurrence of this behavior can make it easy for customers to shop without carrying something heavy shopping indirectly profit for the supermarket must have impact. If a supermarket is not self-host
44、ing but do not let the customer will own belongings into the supermarket business interests will be a greater impact. The courts decision in this case too mechanical. Court should consider the balance of interests between the supermarkets and consumers can not be too demanding responsibility of the
45、supermarket, or easy to have a negative impact: One is prone to lead to moral hazard, easy to cause malicious customer In the take the package the fictional missing items after the fact and request compensation for supermarket, do not rule out consumers improper use or PIN is lost, due to the leak,
46、supermarket assume these risks unfair supermarket will have to pay a higher cost to hire custody of the unattended self-service lockers, or suspension of such services, which are contrary to the effective exclusion of progress half-grown beans these seemingly justified by analyzing will find, there
47、are certain problems, supermarket responsibility is not to say that as long as the lost things necessary to supermarket commitments, after all, evidence and other conditions are met will require supermarket commitments. mention no compensation can lead to social equity is missing, as is contrary to
48、the public welfare. supermarket lockers not complete can not be opened, can not be managed or through certain procedures and the key to open the cabinet, then it can not be said storage cabinets into items is completely under the control of the customers own That supermarket storage cabinets or in m
49、anagement, and is likely not been agreed with the customer to open the cabinet. managers lost for the management of things you should bear some responsibility of the third, supermarkets in order to improve cost management , these costs end or pay from the customers consumption, while the supermarket to strengthen the management, because the sense of security from the supermarket, the customer will profit for the supermarket