As the case says "Dian" 丨 Signing contracts and actual users have different problems, who should be responsible?

□ Jia Yongjiao

[Case]

Tumou signed a mechanical lease contract with Liu, agreed to lease Tu's excavator. Mid -way, Liu returned to his hometown because of his private affairs. The contract did not terminate. Instead, the construction was constructed in accordance with the contract. After the completion, Tu asked Liu to pay the lease fee in accordance with the contract.

However, Liu informed Tu that the project contract was signed by the owner Luan Mou. Tu should ask Luan Mou to ask for a lease fee. Tu said that only contacted by the contract signed by the contract, and the rest did not do it. Because of the failure to pay according to the agreed, Tukou sued Liu to the People's Court of Minfeng County.

[Dharma]

Article 465 of the "People's Republic of China" stipulates that the contract established in accordance with the law is protected by law. The contract established in accordance with the law is only legal to the parties, except for other provisions.

Article 509 stipulates that the parties shall fully fulfill their obligations in accordance with the agreement. The parties shall follow the principle of integrity and fulfill their obligations such as the nature, purpose and transaction habits of the contract.

Article 577 stipulates that if one party does not fulfill its contractual obligations or does not meet the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensation loss.

[Interpretation]

"The contract established in accordance with the law is binding on both parties." The Civil Trial Trial Judge of the Minfeng County People's Court, Pai Ti Pydun, said that in the mechanical lease contract signed by Liu Mou and Liu A rental machinery, the true expression of the parties to the parties, has not violated the prohibition of law and administrative regulations, and is legally effective.

In response to Liu's explanation of "it is not the specific responsible subject of the project, it should be paid by the project department to pay the lease fee", and the daily liquidation believes that only if the parties to the contract can enjoy the rights prescribed by the contract and bear the contract to the contract The obligations stipulated in the middle, no third party other than the parties cannot enjoy the rights in the contract, let alone the obligation specified in the contract. "Liu's opinion has no facts and legal basis. We finally judged that Liu paid the rental fee."

The daily liquidity reminds that migrant workers must have awareness of protecting their own rights, not guaranteeing others, not signed by others, and not being assigned to sign contracts with others. Otherwise, all economic losses will be borne by themselves.

(Pomegranate cloud/Xinjiang Daily reporter Yang Shuhan compiled)

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