[FREE LEGAL ADVICE]

QUESTION:

Dear lawyer, may I have a question: I went to the coffee shop and parked my motorbike in front of the shop. I did take and keep the parking ticket. When I finished drinking and about to went home, I found my motorbike missing. May I ask in this situation who would pay damages for the damage? 

ANSWER:

According to Article 554 Civil Code 2015, contract for bailment of property means an agreement between parties whereby a bailee accepts the property of a bailor for safekeeping, for return to the bailor upon expiry of the duration of the contract, and the bailor must pay a fee to the bailee, except where the bailment is free of charge.

According to Article 557 Civil Code 2015 specifying about Obligation of bailees of property:

1. Take care of the property as agreed and return it to the bailor in the same condition in which the bailee received it.
2. Change the method for safekeeping of the property only where such change is necessary for better safekeeping of such property and provided that the bailor is notified immediately of the change.
3. Notify promptly the bailor in writing and request the bailor to advise, within a certain period of time, a solution where, due to its nature, the bailed property is in danger of being damaged or destroyed. If the bailor fails to reply within such period of time, the bailee has the right to take all necessary measures to take care of the property and to require the bailee to reimburse the costs incurred.
4. Compensate for damage where the bailee causes any loss of or damage to the bailed property, except in the case of an event of force majeure.

According to Article 556 Civil Code 2015 specifying about Rights of bailors of property:

1. Reclaim the property at any time subject to giving reasonable prior notice to the bailee if the bailment contract does not specify a period of time.
2. Demand compensation for loss of or damage to the bailed property caused by the bailee, except in the case of an event of force majeure.

According to Article 584 Civil Code 2015 specifying about Grounds giving rise to liability to compensate for damage:

1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.
2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.
3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.

Regarding to your situation, you left your motorbike at the coffee shop and it went missing. You had got the parking ticket and kept it. According to Civil regulations, there was a contract for bailment of property between you and the coffee shop. Therefore, in case your motorbike went missing, you have right to ask for compensation according to Clause 2 Article 556 Civil Code 2015. Based on the contract for bailment of property, the owner of the coffee shop is obliged to compensate for damage according to Clause 4 Article 557 Civil Code 2015. Process of compensation shall follow principles of compensation for damage in Civil Code 2015 and parties may agree on the amount of compensation. In this case, the amount of compensation could be defined as real value of the damaged property. If the agreement could not be formed between you and the owner of the coffee shop, you shall initiate a lawsuit to the relatively competent People's Court to ask for compensation.

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