The tens of thousands of yuan training courses have been "packaged" by "packaging". How to deal with the contractual relationship?丨 Case

[Dahe Daily · Dahecai Cube] (Reporter Duan Weiduo Correspondent Lu Weijia) The training course for tens of thousands of yuan has not yet ended, but has been "packaged" by "packaging". Is there a contractual relationship with consumers and the receiver? Can you add it as a third party when claiming? On July 28, the reporter learned from the People's Court of Huiji District, Zhengzhou City that recently, the court's resolution of the dispute caused by the "refund" of the off -campus training institutions, and the applicant applied for the executor received the cost of more than 3,000 yuan returned by the training institution. Essence

Earlier, Wang reported a art class for her daughter. The two parties signed a "Children's Art Course Agreement", which stipulated that Wang's purchase of an art class operator, a child painting education information consulting Co., Ltd. provided 144 courses, presented 6 positives, Lesson, valid for three years. The contract also agreed to sign -in, leave, student status extension, retention and other matters. After the contract was signed, Wang paid a training cost of 10,886 yuan to the art class.

In November 2021, the art class announced to the outside world that the existing students and teachers had "packaged" to Huang, and Huang continued to complete the class that the existing students had not yet completed; It is handled by Huang, and art classes do not bear any responsibility. Since then, Wang and other parents have discovered that the teaching methods and teaching quality of the education and training institutions have changed. Since February 2022, the art class has begun to organize lectures on the grounds of internal rectification.

Wang believes that the remaining courses she purchased have not yet been completed, and the art class has constituted a fundamental breach of contract, and she sued to the court.

In this regard, a child painting education information consulting Co., Ltd. argued that the courses purchased by Wang had been out of time, and the contract between the two parties had been terminated, and it should not be returned to any amount of Wang.

Huang said that there is no contractual relationship with Wang, and a child painting education information consulting Co., Ltd. has not paid the transfer fee to him, so he no longer provides Wang's daughter for art training. Responsibility has no legal basis.

The Court of Huiji District believes that the parties shall fulfill their obligations in accordance with the contract, and shall bear the corresponding legal liabilities if they do not fulfill their contractual obligations or do not meet the contract obligations. Wang paid the curriculum fee according to the contract, and a child painting education information consulting Co., Ltd. transferred the contract obligations to the outsider Huang without obtaining Wang's consent, and failed to continue to provide services according to the contract, which constituted a fundamental default. Wang Wang. Wang Wang. Wang Wang. Wang A request to terminate the contract shall be supported by the law. After the contract is lifted, those who have not yet been fulfilled, the ending performance, and the performance of the performance, according to the performance and the nature of the contract, the parties may request to restore the original state or take other remedial measures, and have the right to request compensation for losses; The company returns the remaining curriculum fees without violation of the law and should be supported. Wang asked Huang to add Huang as a third party's request, and not allowed to be allowed according to the relative principle of the contract.

The court finally made a civil judgment: Wang and a child painting education information consulting Co., Ltd. signed the "Children's Art Course Agreement" signed in October 2018. The curriculum fee of Wang will be returned within five days and paid the interest at 3120.65 yuan. Recently, the case was successfully implemented.

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Article 51 of the "People's Republic of China" Article 51 After the contract takes effect, the parties have no agreement or an agreement on quality, price or remuneration, and the place of performance. Terms or trading habits are determined.

Article 51 The parties shall not be determined in accordance with the provisions of the preceding Article of the relevant provisions of the relevant contract. The following provisions are applicable:

(1) If the quality requirements are unclear, they will be fulfilled in accordance with the mandatory national standards; if there is no mandatory national standard, it will be fulfilled in accordance with the recommended national standards; if there is no recommendation national standard, it will be fulfilled in accordance with industry standards; if there is no national and industry standards, Performable in accordance with the usual standards or specific standards that meet the purpose of the contract.

(2) If the price or the remuneration is unclear, the market price is fulfilled in accordance with the place of performance at the time of the contract; if the government's pricing or government guidance shall be implemented in accordance with the law, it shall be fulfilled in accordance with regulations.

(3) The location of the performance is not clear, the money pays the currency, the performance of the currency party is located; the delivery of the real estate is performed at the place where the real estate is located; the other targets are fulfilled at the place where the obligations are located.

(4) If the performance period is not clear, the debtor can perform at any time, and the creditors can also request the performance at any time, but the necessary preparation time should be given to the other party.

(5) If the implementation method is not clear, it will be fulfilled in accordance with the purpose of the purpose of the contract.

(6) If the burden of performing the cost is unclear, the burden of the performers of the performers will be borne by the performers of the performers due to the increasing performers due to creditors.

Article 577 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.

Responsible editor: Shao Yuxiang | Audit: Li Zhen | Director: Wan Junwei

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