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It is to settle your vehicle information procedures in a company, because now there are many restrictions on private vehicles such as car inspection, annual review and insurance or something, the cost is higher and more cumbersome, some car owners are attached to some companies for convenience to save themselves the trouble of handling, do not use to run back, but this situation is generally a taxi or operating truck.
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Buying a car: For the convenience of the transportation operation process, the vehicle is registered in the name of a unit with the qualification of transportation operation right, and the operation is carried out in the name of the unit, and the affiliated party pays a certain management fee to the affiliated unit.
In practice, there are two situations: substantive and formal
Substantive affiliation refers to the purchase of means of transport at the "anchor's own expense", engaging in transportation service activities in the name of the "affiliated party", and paying a certain amount of management fees to the "affiliated party". The "affiliated party" generally provides the "affiliated party" with services such as: paying various taxes and fees, coordinating the entry and departure of trains, assisting in handling business matters related to other cities and counties, handling business line inspection, vehicle inspection, driver annual examination, vehicle parking and other procedures, assisting in settling fares, assisting in handling traffic safety accidents and handling vehicle insurance, and assisting in handling public security cases in driving.
This kind of anchoring operation is a typical anchoring operation mode in the transportation industry. In the substantive operation, the more standardized road transport enterprises adopt unified scheduling, unified management, and unified settlement of the corporatized operation and management of the affiliated vehicles.
Formal affiliation refers to the fact that the "sponsor" engages in transportation service activities in the name of the "affiliate", and the "sponsor" pays a certain amount of management fees to the "affiliate". The Affiliated Persons do not provide any services or management to the Affiliated Persons. This kind of affiliated operation is more common in the road freight transportation industry.
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Legal analysis: Vehicle affiliation refers to the registration of the vehicle in the name of a unit with the qualification of transportation operation right for the convenience of traffic operation, and the operation in the name of the unit, and the sponsor pays a certain management fee to the affiliated unit.
Legal basis: Article 1211 of the Civil Code of the People's Republic of China If a motor vehicle engaged in road transport business activities in the form of affiliation causes damage in the event of a traffic accident, it shall be the responsibility of one party of the motor vehicle, and the affiliated person shall bear joint and several liability.
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1. What does it mean to be attached to a vehicle?
1. For the convenience of traffic operation, the vehicle is registered as the name of a unit with the qualification of transportation operation right, and the operation is carried out in the name of the unit, and the sponsor pays a certain management fee to the affiliated unit.
2. Legal basis: Article 1211 of the Civil Code of the People's Republic of China.
Tort liability of affiliated motor vehicles, if a motor vehicle engaged in road transport business activities in the form of affiliation, causes damage in a traffic accident, and belongs to the responsibility of one party to the motor vehicle, the affiliated party and the affiliated party shall bear joint and several liability.
2. How to deal with disputes over affiliated business contracts.
For the legal consequences arising from the affiliation, the affiliated party shall bear civil legal liability for the legal consequences in accordance with the law
1. In the case of a contract signed by a construction enterprise with an affiliated business relationship in its own name or in the name of the affiliated unit, the affiliated operator and the affiliated unit shall generally be the joint litigants to sue or respond to the lawsuit. Article 43 of the Supreme Court's Opinions on the Law of Civil Litigation stifles stipulates that: "Where an individually-owned business, individual partnership or private enterprise is affiliated with a collective enterprise and engages in production and business activities in the name of the collective enterprise, the individually-owned business, individual partnership or private enterprise shall be a joint litigant with the collective enterprise to which it is affiliated."
If the constructor is affiliated with other construction enterprises and signs a construction project contract in the name of the affiliated construction enterprise, and the affiliated construction enterprise is unwilling to sue, the constructor may sue as the plaintiff, and the town will be listed as a co-plaintiff by the affiliated construction enterprise.
2. The affiliation agreement entered into between the parties is invalid. Both parties shall be liable for fault respectively;
3. According to the provisions of the Construction Law and relevant judicial interpretations, the construction and installation contract signed between the affiliated construction enterprise and the construction unit is invalid. The construction unit and the unit or individual that contracted the project in its name shall be jointly and severally liable for the losses suffered by the construction unit. If the construction unit still signs a contract with the affiliated construction enterprise without knowing it, the construction unit is also at fault and shall bear the corresponding fault liability.
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Legal Analysis: It depends on the specific way of attachment If the motor vehicle owner column on the motor vehicle registration certificate is your name, then the owner of the vehicle is you, you have the right to dispose of the vehicle, and the transaction is scrapped. In this case, the affiliated company should be the affiliated business of the business, then you go to the company to go through the procedures for canceling the affiliation before or after handling the vehicle, for the sake of insurance, it is best to notify the affiliated company before processing so that they can cooperate accordingly in advance.
If the owner of the motor vehicle on the motor vehicle registration certificate is the name of the affiliated company, then the car is not yours, and of course you have no right to do anything with the vehicle, and all processing needs to be carried out through the affiliated company.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents" Article 3 If a motor vehicle engaged in road transport business activities in the form of affiliation causes damage caused by a traffic accident, it is the responsibility of one party to the motor vehicle, and the parties request that the sponsor and the affiliated party bear joint and several liability, the people's court shall support it.
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Legal analysis: For the convenience of the process of traffic operation, the vehicle is registered in the name of a unit with the qualification of transportation operation right in Chishu Prefecture, and the operation is carried out in the name of the unit, and the affiliated party pays a certain management fee to the affiliated unit.
Legal basis: Civil Code of the People's Republic of China Article 1200 11 If a motor vehicle engaged in road transport business activities in the form of affiliation causes damage due to a traffic accident and is the responsibility of one party to the motor vehicle, the sponsor and the affiliated person shall bear joint and several liability.
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What does vehicle affiliation mean and what are the precautions Vehicle affiliation refers to the purchase of a vehicle by a "sponsor" (generally a natural person without transport business qualifications), and through a vehicle affiliation contract signed with the "attached" (generally a transport enterprise with transport business qualifications), the vehicle is registered as the name of the "attached", and the "affiliated person" pays a certain amount of management fees to the "affiliated person" and pays the corresponding tariff fees in the name of the "affiliated person". In vehicle affiliation, the "sponsor" actually owns the ownership and operation control of the vehicle, and the right to obtain operating benefits, also known as the actual owner. The "attached person" is the nominal owner of the vehicle, also known as the nominal owner.
Precautions When the car is attached, it is necessary to sign an affiliation agreement with the company, and then clarify the ownership of the vehicle. Business characteristics (1) the unification of the four certificates of the "sponsor", that is, the owner, the owner, the unit, and the service unit on the driving license of the vehicle purchased by the "sponsor" and the road transport license, the driver's license, the air clearance, and the commercial road transport driver qualification certificate (four certificates) are unified as the name of the "affiliated person"; There is a nominal owner and an actual owner.
2) The "sponsor" pays the management fee to the "affiliate"; The nominal owner does not participate in the operation, and the improper goods obtain income. (3) The two parties sign a contract or internal agreement on transportation operation. Readers who need legal help are welcome to go to Legal Advice.
Article 1211 of the Civil Code of the People's Republic of China If a motor vehicle engaged in road transport business activities in the form of affiliation causes damage in a traffic accident and is the responsibility of one party to the motor vehicle, the sponsor and the affiliated party shall bear joint and several liability.
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If you buy a car, you don't have to send it, and in this case, it is generally a taxi or a commercial truck.
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