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On The Compensability Of Motor Vehicle Diminution In Value

Posted on:2020-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y L KeFull Text:PDF
GTID:2416330590977989Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Whether the loss of vehicle depreciation can be compensated or not has gradually become the most prominent issue in the compensation for motor vehicle traffic accident damage.The blank legal provisions and the different judgments of the courts at all levels make it a huge controversy.Traditional theories mainly focus on whether the loss of vehicle depreciation belongs to direct loss or indirect loss in terms of the type of damage.This research method has not yet touched the core of the problem.The study of the damage type of vehicle depreciation loss can not settle this debate.In fact,whether the loss of depreciation of vehicles should be compensated or not is essentially a matter of determining the scope of compensation for damages.Under the theoretical premise of the principle of complete compensation,to clarify the true meaning of restitution and monetary compensation in the method of compensation for damages,restitution is not only a way of bearing specific responsibilities,but also a basic principle in the law of compensation for damages.In the case of vehicle depreciation damage compensation,the two act together on complete compensation.The realization of compensation.Vehicle depreciation loss should be within the range of damage compensation,supporting that depreciation loss should be compensated is the proper meaning of the principle of complete compensation.
Keywords/Search Tags:Loss of vehicle depreciation, Type of damage, Restitution, Complete compensation
PDF Full Text Request
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