Tianshan.com - reporter of Xinjiang Legal Daily Zhang Xiu, correspondent Huo Yajie
It's hard to take the driving license test, but someone paid for a substitute student? Recently, the People's Court of Urumqi County tried such a case.
case
In April 2022, Mr. A was introduced to Mr. Deng, and learned that Mr. A was in trouble for the B2 driver's license test. Mr. Deng quickly gave a suggestion: "I can help you find someone to apply for a substitute school in other places, and you can get the license in six months."
In order to get the driver's license as soon as possible, Mr. A transferred 16000 yuan of training fee to Mr. Deng, and then transferred an account according to Mr. Deng's request. The two transfers totaled more than 19000 yuan.
After Deng collected the money, he didn't get it done. Every time A asked about the progress of the matter, Deng would say that the driving school didn't register well.
"You can rest assured that if things can not be done, I will refund in full." Deng promised. However, Deng did not refund the money that Ah asked for many times. In March this year, A sued to the People's Court of Urumqi County and asked Deng to return more than 19000 yuan of training fees.
Interpretation
After hearing the case, the court held that according to Article 153 of the Civil Code of the People's Republic of China, a civil legal act that violates the mandatory provisions of laws and administrative regulations is invalid. In addition, Article 157 of the Civil Code of the People's Republic of China stipulates that after a civil juristic act is invalid, revoked or determined not to be effective, the property acquired by the actor as a result of the act shall be returned; If the goods cannot be returned or it is unnecessary to return them, they shall be compensated at a discount. The party at fault shall compensate the other party for the losses incurred therefrom; If all parties are at fault, they shall bear their respective responsibilities. If the law provides otherwise, such provisions shall prevail.
In this case, Mr. A entrusted Mr. Deng to ask someone to take the driver's license test on his behalf. The entrusted matter violated the mandatory provisions on driver learning and obtaining a driver's license, which is an invalid civil act. Therefore, Deng should return the training fee of more than 19000 yuan to Ah. In the end, the court upheld the claim of A Mou. At present, the judgment has come into force.
Judge reminds
There is no shortcut to take the driver's license test. Don't trust others' promises for convenience. It is illegal to spend money to buy a driver's license or find someone to take the test for a driver's license. Don't take risks to try the law.
[Editor in charge: Fan Guobin]
