Traditional Culture Encyclopedia - Hotel accommodation - I will first offer a reward of 50 points. Please tell me what kind of civil legal relationship is between the hotel and the customer. Then I will offer an additional reward of 100 points. I beg all le
I will first offer a reward of 50 points. Please tell me what kind of civil legal relationship is between the hotel and the customer. Then I will offer an additional reward of 100 points. I beg all le
1. It is a civil legal relationship between equal civil legal subjects providing services and receiving services.
2. Laws involved.
1. Generally speaking, it should be regulated by civil laws and regulations such as the Contract Law, the General Principles of Civil Law, the Food Safety Law, and the Consumer Rights Protection Law.
2. It is worth explaining that the "Consumer Rights and Interests Protection Law" has been promulgated for a long time, and most of the hotel and catering industries are relatively familiar with its regulations and obligations. Therefore, what is particularly noteworthy is the recently introduced new provisions of the Food Safety Law, especially the regulations for hotels engaged in food production and processing services.
3. Under special circumstances, one of the parties may bear criminal, administrative and other legal liabilities due to the particularity of the case.
4. Of course, we should choose the correct law that is most conducive to protecting the party whose legal interests are infringed according to the specific case and the needs of judicial practice, and we must not be blind and ignorant of flexibility.
As far as the rights and obligations between hotels and customers are concerned, hotels most often perform contractual obligations and legal obligations. Contractual obligations are often agreed upon by both parties. Legal obligations such as safety and security obligations, etc.
The following is a detailed explanation of the basic definitions of issues related to civil legal relations in legal theory.
Concept of civil legal relationship
Civil legal relationship refers to the social relationship regulated by civil legal norms, that is, it is recognized and protected by civil law and conforms to civil legal norms. It is based on rights, Obligation is the content of social relations.
[Edit this paragraph] Characteristics of civil legal relationships
Civil legal relationships have the following characteristics:
1. Civil legal relationships are relationships between equal subjects. , generally established voluntarily
Since the social relations regulated by civil law are property relations and personal relations between equal subjects, the legal relations established in accordance with the norms of civil law can only be relations between equal subjects. At the same time, civil legal relationships not only conform to the will of the state, but also reflect the will of the parties. They are generally established voluntarily by the parties according to their own wishes. As long as the actions performed by the parties in accordance with their intentions do not violate legal provisions, the legal relationship established will be protected by law.
2. Civil legal relations are legal relations with civil rights and obligations as the content.
Civil law adjusts social relations by endowing civil subjects with rights and obligations. Therefore, civil legal relations are also civil rights and obligations. relation.
Once a civil legal relationship is established, one party enjoys civil rights and the other party has corresponding civil obligations.
3. The safeguard measures for civil legal relations are compensatory and property-based
The equality and property nature of the objects adjusted by civil law are also reflected in the safeguard measures for civil legal relations, that is, civil The main content of liability is property compensation, and punitive and non-property liabilities are not the main forms of civil liability.
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