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The Discussion Of Accident Vehicle Depreciation Costs Of Compensation

Posted on:2011-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:S J BianFull Text:PDF
GTID:2166330338475434Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Along with the path and the transportation enterprise's development, the motor vehicles especially private cars increase year by year, in addition every year there are many new drivers, thus increase the number of the traffic accident. As far as I know, only in Changchun city, the increments of new cars are above 300. In general, after the vehicles have the traffic accident, the vehicle owners often only ask for the repair .With the enhanced awareness of people's rights protection, no mistake side claims both the vehicle repair cost and vehicle depreciation charges as the result of traffic accidents. According to this background, the paper will do some research. However, because there are no clear and specific provisions in the current relevant laws, the view of what are the traffic accident vehicles' depreciation charges, how to identify the depreciation losses and whether get compensation is different. At present, "vehicle depreciation charges" is not a standard legal term in our country's law , that is our country's law has not acknowledged such lawsuit.After the repairs of the impact of main vehicle parts, vehicle life, security, performance, handling performance etc of the vehicle are also very difficult to restore to the previous state. The real value will inevitably decline .Even if repairs are the same as ever , in the transfer time the price also will be reduced because they are "accident cars". Even if the owner will use them again or send to the second-hand vehicle market after repair, the vehicle will have the depreciation ,which is objective .In fact ,the vehicles depreciation loses is one kind of immediate goods loss which is the objective existence, the non-mistake side's claim request should be supported .In the past, many owners and drivers didn't have the sense of this claim .As the development of consumers' awareness in rights protection , they begin to concern about their rights .There are more and more cases that the non-mistake side asks for the depreciation charges of the damaged car.The innovations of this paper is that it uses the way of historical analysis ,comparative analysis and the system demonstration of economic analysis to cognize that the devaluation charges of non-mistake side is the direct loss. The no- mistake side should be protected by law .The court should support the lawsuit.
Keywords/Search Tags:Vehicle depreciation charge, Direct loss, Indirect losses, Full compensation, No responsible party, Legal basis
PDF Full Text Request
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