Mr. Zhang's computer often has a blue screen, and after the warranty period, he repaired it at a repair shop near the home. Due to the busy business of the repair shop, the computer was kept in the store for maintenance. The owner issued a repair order, and agreed to take the computer three days later. When Mr. Zhang wanted to retrieve the computer, the shop owner told the repair shop that it was stolen. The valuable items in the store, including Mr. Zhang’s computer, were missing. Mr. Zhang immediately asked the owner to compensate, but the owner said that he was also a victim. Compensation. Mr. Zhang came to the Tiantongyuan South Judicial Office for consultation. Who should bear this responsibility?
According to Article 374 of the Contract Law, during the period of custody, if the custodian fails to keep the custody damaged or loses, the custodian shall bear the liability for damages, but the custody is unpaid. The custodian proves that he has no major faults and does not bear Liability for damages. The staff explained to Mr. Zhang according to the content of the law: Repairing the computer in the repair shop, paying the owner of the repair shop a certain fee, the owner has the dual responsibility of repairing the computer and keeping the computer. In view of the repair shop, there is no comparison with the computer. Good performance of custody obligations, resulting in the loss of storage, computer repair shop owners should give Mr. Zhang financial compensation, after the case is detected, the computer repair shop owner can claim compensation for theft or criminal suspects.
In the end, the staff of Tiantongyuan South Judicial Office recommended that Mr. Zhang re-request the repair shop owner for compensation according to the law. If you can't reach an agreement, you can go to the court with a repair order issued by the repair shop owner, and use legal weapons to defend your rights.
Beijing Changping District Judicial Bureau
