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The Tort Liability Of Motor Vehicle Accidents When Vehicle Is Rented Or Lent

Posted on:2017-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2336330503487671Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The problem of how to bear the responsibility of traffic accident in the case such as renting, borrowing motor vehicle is analyzed in the perspective of the article 49 of tort law.The questions of who will bear the responsibility and how to bear liability when vehicle is rented or lent are discussed. The motor vehicle administrator also can be called motor vehicle lessor and lender. So the administrator of vehicle is also legal responsibility subject. From the above, we can come to the conclusion that several separations of using and owning of motor vehicle can be adjusted to the article 49 of tort law. And the situations which would be adjusted to the article 49 of tort law can be drew in the way of analyzing all situations that involve separation of using and owning of motor vehicle.They are lease, lend, driving without authorization, storage, maintenance, pledge, etc. we can confirm that the owner at fault bear shared liability when the separation of using from owning occur one time. Owner and administrator at fault should bear joint liability to the“responsibility of owner” when the separation of using from owning occur some times.The lessor will not bear civil compensation of affiliated vehicle in the case of linked business after renting. The liabilities of linked business will bear joint liability to the“responsibility of owner” in the case of linked business before renting.
Keywords/Search Tags:liability, range of application, responsibility of The property owner, responsibility of user
PDF Full Text Request
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