Truck docking business problems? The truck is attached to the company, and the owner of the car belo

The phenomenon of vehicle affiliation refers to the phenomenon of "affiliated persons" (individual transport operators and natural persons) attached to the "affiliated persons" (another economic entity or enterprise legal person) and engaged in business activities in the name of the "affiliated persons"; 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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Brother, you shouldn't ask questions here in the truck, you should go to the law, that aspect of the question, which most people don't understand.

The form of attachment does not affect the owner of the vehicle, and the truck still belongs to the owner. The affiliation relationship is a creditor-debtor relationship, which does not affect the ownership of the vehicle, and the vehicle belongs to the original owner according to the purchase contract and vehicle registration.

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 a traffic accident, and the motor vehicle is the responsibility of the party involved in the disorder, the sponsor and the affiliated party shall bear joint and several liability.

Article 5 of the "Regulations on the Registration of Motor Vehicles".

For the first time to apply for a motor vehicle number plate or driving license, the owner of the motor vehicle shall apply to the vehicle management office of the place of residence for registration.

The truck anchorage contract is allowed, but it must be handled in accordance with the laws and regulations of the country, and if it is not in accordance with the regulations, it is not protected by the law, in short, it means that there are any problems after not following the regulations. In July 2009, the Supreme People's Court issued the Guiding Opinions on Several Issues Concerning the Trial of Civil and Commercial Contract Dispute Cases in the Current Form, Article 5 of the Guiding Opinions stipulates that mandatory provisions should be correctly applied and the validity of civil and commercial contracts should be properly determined. When understanding, identifying and applying the "violation of mandatory provisions of laws and administrative regulations" in Article 52(5) of the Contract Law, the people's court should pay attention to the distinction between mandatory provisions of validity and mandatory provisions of management in accordance with the provisions of Article 14 of the Interpretation (II) of the Contract Law.

In case of violation of the mandatory provisions on validity, the people's court shall find that the truck anchorage contract is invalid; Where mandatory administrative provisions are violated, the people's courts shall determine their effectiveness on the basis of the specific circumstances. The people's courts shall comprehensively determine the type of mandatory provisions by synthesizing the intent of the laws and regulations, weighing conflicting rights and interests, such as the types of rights and interests, the security of transactions, and the objects they regulate. If the mandatory norm regulates the contractual act itself, that is, as long as the contractual act occurs, it absolutely harms the national interest or the public interest, the people's court shall find the contract invalid and concealed.

If the mandatory provisions regulate the parties' "market access" qualifications rather than certain types of contractual acts, or regulate the performance of certain contracts rather than certain types of contractual acts, the people's courts shall carefully grasp the determination of the validity of such contracts, and when necessary, shall solicit the opinions of the relevant legislative departments or request instructions from the higher authorities to stop the people's courts. Judging from the nature and norms of the current anchorage agreement, the management of the truck anchoring contract is a market access behavior, and all kinds of norms are only a kind of management provisions. In the context of the market economy, the emergence of the form of affiliation has its products of the times under its socio-economic background, and has its space for development and survival.

The reasonableness of market operation should be determined by the market, and the court should not use strong judicial means to manage the behavior that should be determined by the market. Moreover, judging from the precedents in the current judicial practice, the Supreme People's Court and local courts generally hear and adjudicate motor vehicle affiliation business contracts as valid contracts, which on the one hand is out of respect for the true intentions of both the sponsor and the affiliated unit, and on the other hand, it is also conducive to the protection of the interests of the victim in road traffic accidents. From the above content, it can be seen that the truck anchorage contract is allowed, but it must be handled in accordance with the laws and regulations of the country, and it is not protected by the law if it is not in accordance with the regulations, in short, if there is any problem after not following the regulations, there will be not only economic troubles, but also can not escape the punishment of the law.

From Truck Home users.

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The pro-truck is attached to the company, and the owner of the vehicle belongs to the investor. Vehicle affiliation means that the owner registers his vehicle registration in the name of the transportation company or taxi company that has obtained a business license, and the owner operates in the name of the company and pays a certain management fee to the company on a regular basis. There are both nominal and actual owners of the vehicle.

Although the nominal owner is the nominal owner, it does not have the four powers of ownership, namely the right to possess, use, income and disposal. Therefore, the ownership of the attached vehicle belongs to the sponsor.

The truck is attached to the company, and the owner of the car belongs to whom

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The pro-truck is attached to the company, and the owner of the vehicle belongs to the investor. Vehicle affiliation means that the owner registers his vehicle household registration in the name of the transportation company or taxi company that has obtained a business license, and the owner carries out the destruction in the name of the company, and regularly pays a certain management fee to the company. The vehicle is attached to the nominal owner and the actual owner.

Although the nominal owner is the nominal owner, it does not have the four powers of ownership, namely the right to possess, use, income and disposal. Therefore, the ownership of the attached vehicle belongs to the sponsor of the god lead.

Legal basis: Article 224 of the Civil Code of the People's Republic of China: The establishment and transfer of movable property rights shall take effect upon delivery, unless otherwise provided by law.

Article 225 of the Civil Code of the People's Republic of China: The establishment, alteration, transfer and extinction of real rights in ships, aircraft and motor vehicles shall not be carried against bona fide third parties without registration. Article 54 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Where a party engages in civil activities in the form of affiliation, and the parties request that the affiliated and affiliated persons bear civil liability in accordance with law, the affiliated parties and the affiliated relatives defend the joint litigation as friends.

Legal analysis: In the affiliated relationship, the payment of various taxes, insurance and annual inspection of the affiliated large truck is carried out in the name of the affiliated company, and the affiliated party carries out civil acts in the name of the affiliated company, and in judicial practice, the affiliated unit shall bear limited joint and several liability within the scope of the affiliated fee.

Legal basis: "Reply of the Supreme People's Court on Whether the Affiliated Unit of the Actual Vehicle Owner Should Be Liable after the Accident" 1. On the nature of motor vehicle registration Motor vehicle registration is not ownership registration. In its reply to the Enforcement Office and Research Office of the Supreme People's Court, the Ministry of Public Security held that:

The registration of motor vehicles handled by the public security organs is the registration of whether or not to allow the motor vehicle to drive on the road, not the registration of the ownership of the motor vehicle. "2. Regarding the attachment of non-operating vehicles Some places clearly stipulate that violations, and the owner and the affiliated person shall be punished separately. Affiliation of commercial vehicles is a common business model at present, and it is an expedient measure in most places during the special period, and it is tacitly allowed to be legal and compliant.

However, the preparation of the license plate of a non-commercial vehicle is in violation of the regulations on the management of household registration, such as the provisions of Shanxi Datong: "If a motor vehicle is attached to the household, the owner of the vehicle and the person to be attached shall be fined not less than 5,000 yuan but not more than 10,000 yuan respectively, and the motor vehicle may be temporarily impounded until the change procedures are handled." "3. Regarding the Affiliation Fee and Liability The Supreme People's Court, the Hubei Provincial High People's Court, and the Wuhan Intermediate People's Court have all issued interpretations and opinions, holding that if the operating interests of the affiliated vehicle are collected, the affiliated person shall bear appropriate civil liability.

Legal analysis: the ownership belongs to the owner, which forms a state of separation between the ownership and management rights of the vehicle. Therefore, although the car is attached to the logistics company, the ownership of the vehicle has not changed in any way and is still owned by the owner.

It depends on who actually owns the vehicle, and if the person who is affiliated can show evidence that the vehicle was purchased at his own expense, but only attached to the transportation company, the tomato pants will not be used to pay off the transportation company's debts.

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 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.

Don't choose what kind of affiliated company you want to choose from.