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Study On The Principle Of Liability Of The Lessor For The Lease Of Car Traffic Accidents

Posted on:2020-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:B X ZhaiFull Text:PDF
GTID:2416330575960975Subject:legal
Abstract/Summary:PDF Full Text Request
Emerging industries in the past few years when renting cars in time-sharing,but because of the convenience of its online operation and its energy is electricity,it is conducive to resource conservation and air pollution relief..Also because of the difference between it and the traditional car rental model,the problem of the responsibility of the time-of-day rental car rental party for traffic accidents.This paper mainly analyzes the responsibility of time-shared car rental parties for traffic accident liability from the aspect of liability principle.The first chapter introduces the concept of time-sharing car by the development of the sharing economy and the emergence of shared cars.It is further proposed that the time-of-day rental car traffic accidents have complexities compared with the traditional car rental methods,and the related problems are raised..The second chapter discusses the time-dependent rental of car rental parties as the main responsibility of traffic accidents.It bears the theoretical basis and obligation source of traffic accident liability.Finally,it analyzes the difference between the time-of-day rental car mode and the traditional car rental mode.And ask questions.The third chapter mainly analyzes the legal relationship between the three parties,the lessor,the lessee and the injured party,when the traffic accident occurs in the time-sharing mode and the responsibility is on the target car,from the perspective of contract law and tort liability law.The lease contractual relationship with the lessee,the legal relationship of the road traffic accident infringement between the lessee and the victim,and the indirect infringement legal relationship between the lessor and the victim.It is also important to highlight the responsibility of the lessor to clearly resolve the dispute resolution.On the basis of the first three chapters,the fourth chapter analyzes the principle of liability of the lessor to bear the responsibility of traffic accidents when the driver is in a time-sharing lease.The first is to analyze the existing laws of China from the principle of liability for the determination of the responsibility of traditional trafficaccidents.The principle of liability for the liability of the lessor in the traditional taxis for traffic accidents,and the principle of mixed liability for the principle of fault presumption and the principle of no fault liability should be applied under the time-sharing car model.
Keywords/Search Tags:Time-sharing car, Traffic accident, Liability of the lessor, Principle of imputation, Principle of presumption of liability
PDF Full Text Request
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