Ask for a vehicle borrowing exemption agreement, is it valid to borrow a car and sign a liability ex

Party A: Party B:

For the common interests of both parties A and B, the two parties have reached the following agreement based on the principles of equality, voluntariness, mutual benefit and legality

1. Party A enjoys the ownership of the car (frame number) with temporary compulsory traffic insurance and temporary license plate in good condition, and now rents the car to Party B for practice, and the period is from the time of YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY Party B pays Party A's deposit tentatively capitalized) yuan. After exceeding the number of kilometers, the customer shall bear the fuel cost, and the excess kilometers shall be multiplied by the unit price.

2. Party B is limited to practicing the use of vehicles in the area.

3. During the validity period of this Agreement; This car is only for Party B's practice use, if the following situations occur, Party A has the right to withdraw the right to use the car and does not assume the responsibility and compensation caused by Party B:

1) Party B uses the car as a profit;

2) Party B piggybacks on other persons not designated by Party A;

3) Behavior of not caring for vehicles;

4) Improper use of vehicles;

5) Do not use or practice in the area specified by Party A.

4. Party B shall bear all the fines and responsibilities for various violations of laws and disciplines such as traffic violations and criminal cases during the rental period. If Party B uses this vehicle to engage in criminal activities during the rental period, Party B shall bear criminal liability, and the expenses incurred therefrom shall be borne by Party B in full, and Party A has nothing to do with it.

5. In the event of a traffic accident during the rental period of Party B, Party A is obliged to provide relevant documents, and Party B is responsible for handling the entire accident case, and all the legal responsibilities and expenses incurred therefrom shall be borne by Party B and have nothing to do with Party A. After Party B handles the entire accident, Party B shall bear the remaining part (including assessment fees, towing fees, parking fees, accident handling fees, and expenses that the insurance company does not recognize for compensation, etc.) except for the part of the claim made by the insurance company.

6. Improper use or man-made damage by Party B must be compensated according to the price, and the costs incurred shall be borne by Party B. The maintenance costs incurred due to the problems of the vehicle itself shall be borne by Party A and the third party if it is verified by Party A and the third party. If there is a fault in the vehicle, Party A should be notified as soon as possible to assist in dealing with it, otherwise, Party B shall bear all responsibilities and compensation.

7. Upon the expiration of this agreement, Party B shall return the vehicle, vehicle documents and ancillary equipment in good condition to Party A on time or in advance, and Party B shall bear the compensation fee in case of loss or damage.

9. This Agreement shall be executed in duplicate, one copy for each Party A and Party B, and shall have legal effect from the time of signature of both Party A and Party B.

Both parties have read this Agreement carefully and are aware of the possible consequences and responsibilities.

Party A (Chapter): Party B (Signature):

20xx Year Month Day Hour 20xx Year Month Day Hour .

1. Is it valid to sign a liability waiver agreement by borrowing a car?

1. The waiver agreement may not be valid and depends on the specific situation

1) If the contract is signed for joint and several liability for borrowing a vehicle, it is invalid for other people, and it is valid for the borrower to come to Qi Yu and say that it is valid. In other words, if there is a traffic accident in the Zen Lent Vehicle, under normal circumstances, the owner of the car is not responsible. All responsibility rests with the driver;

2) However, if the borrower does not have a driver's license, or the owner knows that the borrower is drinking, but still lends the vehicle to be driven by him, he is at fault and causes losses to others, and the driver is liable for compensation, and the owner is jointly and severally liable. Even if you sign a waiver agreement, you will have to be jointly and severally liable.

2. Legal basis: Article 1209 of the Civil Code of the People's Republic of China.

If the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of one party of the motor vehicle, the user of the high-track motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

2. What are the conditions for the rental agreement to be recognized by law?

1. The actor has the corresponding capacity for civil conduct;

2. The intention of the parties is true and consistent;

3. The content of the agreement and the signing procedure do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

1. Whether the rental liability waiver agreement is valid.

1. Signing a waiver agreement is invalid for others and valid for the borrower. In other words, if the loaned vehicle is involved in a traffic accident, under normal circumstances, the owner is not responsible. All the responsibility lies with the driver.

2. Legal basis: Article 1200 of the Civil Code of the People's Republic of China.

If the damage caused by a traffic accident occurs when the owner, manager and user of the motor vehicle are not the same person due to leasing or borrowing, etc., and the motor vehicle user is responsible for the motor vehicle, the motor vehicle user shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Article 1210.

If the parties have transferred and delivered the motor vehicle by sale or other means, but have not been registered, and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation.

2. Which road traffic violations can be exempted.

1. Police cars, fire trucks, ambulances, and engineering rescue vehicles perform emergency tasks;

2. Occurs during the theft and robbery of a motor vehicle;

3. There is evidence to prove that it is caused by rescue or emergency avoidance;

4. The scene has been dealt with by the traffic police;

5. Caused by inconsistent traffic signal indications;

6. The recorded motor vehicle number plate information is incorrect;

7. The legal motor vehicle is recorded due to the use of forged, altered or other illegal acts of motor vehicle number plates;

8. Other circumstances that should be eliminated.

Legal analysis: According to the principle of autonomy of will stipulated in the Civil Code, the parties have the right to conclude a contract according to their free will, but the contract shall not violate public order and good customs and mandatory provisions of the law. Therefore, according to the voluntary signing of the car rental exemption agreement signed by both parties, it is valid for both parties, but in the event of an accident, they should be liable in accordance with the provisions of the Civil Code of the People's Republic of China.

Legal basis: Article 1209 of the Civil Code of the People's Republic of China If the owner, manager and user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the damage caused by a traffic accident is the responsibility of the party responsible for the motor vehicle, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation.

Legal analysis: the agreement itself is valid, and the exemption agreement is valid for the vehicle user and the person assigned to the vehicle; However, if a vehicle is involved in a traffic accident, the owner of the motor vehicle and the user of the motor vehicle may be held liable by the victim. The law stipulates that:

Article 1209 of the Civil Code of the People's Republic of China stipulates: "If the owner and the user of a motor vehicle are not the same person due to leasing, borrowing, etc., and the liability of one party to the motor vehicle occurs after a traffic accident, the insurance company shall compensate within the liability limit of the compulsory insurance of the motor vehicle." For the insufficient part, the user of the motor vehicle shall be liable for compensation; If the owner of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation. ”

If the vehicle joint and several liability exemption agreement complies with the provisions of the law, the peace negotiation is valid from the true intention of the parties. If the exemption agreement causes damage to the other party's property intentionally or through gross negligence, it is invalid, and the parties shall still be liable for compensation even if they sign the exemption agreement.

[Legal basis].Article 577 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform the obligations of Heming Friendship or the performance of the contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 506.

The following disclaimers in the contract are null and void:

1) Causing personal injury to the other party;

2) Intentionally or grossly negligently causing damage to the other party's property.

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Hello dear, happy to answer your <>

It is useful to sign a waiver agreement for renting a car to a friend, but if you sign a joint and several liability agreement for borrowing a car, it will be invalid for others and valid for the borrower. In other words, if a car accident occurs in a loaned vehicle, under normal circumstances, the owner of the vehicle is not responsible. All responsibility rests with the driver;

If the borrower does not have a driver's license, or the owner knows that the borrower is drinking, but still lends the vehicle to be driven by him, he is at fault and causes losses to others, and the driver bears the liability for compensation, and the owner bears joint and several liability. Even if you sign a waiver agreement, you will have to be jointly and severally liable.

Is it useful to lend a car to a friend and sign a waiver agreement.

Hello. My question is this.

Hello dear, happy to answer your <>

It is useful to sign a waiver agreement for renting a car to a friend, but if you sign a joint and several liability agreement for borrowing a car, it will be invalid for others and valid for the borrower. In other words, if a car accident occurs in a loaned vehicle, under normal circumstances, the owner of the vehicle is not responsible. All the responsibility lies with the driver.

If the borrower does not have a driver's license, or the owner of the car knows that the borrower is drinking, but still lends the vehicle to be driven by him, it is at fault and causes damage to others, and the driver bears the liability for compensation, and the owner bears joint and several liability. Even if you sign a waiver agreement, you will have to be jointly and severally liable.

The law stipulates: Article 1209 of the Civil Code [Tort Liability When the Owner, Manager and User of a Motor Vehicle Are Inconsistent] If the damage caused by a traffic accident occurs due to leasing, borrowing, etc., when the owner, manager and user of the motor vehicle are not the same person, and the liability of one party to the motor vehicle is concerned, the user of the motor vehicle shall be liable for compensation; If the owner or manager of the motor vehicle is at fault for the occurrence of the damage, he shall bear the corresponding liability for compensation. Which road traffic violations can be exempted from liability 1, police cars, fire trucks, ambulances, and engineering rescue vehicles performing emergency tasks; 2. Occurs during the theft and robbery of a motor vehicle; 3. There is evidence to prove that it is caused by rescue or emergency avoidance; 4. The scene has been dealt with by the traffic police; 5. Caused by inconsistent traffic signal indications; 6. It does not meet the requirements of Article 18 of the "Procedures for Handling Road Traffic Safety Violations" (the content of Article 18:

The illegal behavior recorded data collected by the traffic technical monitoring equipment as the basis for processing shall clearly and accurately reflect the characteristics of the motor vehicle type, license plate, appearance, etc., as well as the time, place, and facts of the violation); 7. The recorded motor vehicle number plate information is incorrect; 8. The legal motor vehicle is recorded due to the use of forged, altered or other illegal acts of motor vehicle number plates; 9. Other circumstances that should be eliminated.