The Research Of Traffic Accident Liabilities By Vehicles Having Nominally Owner-Ships

The existence of affiliated business model makes legal dispute revolving traffic accident by vehicles having nominally owner-ships relatively more difficult.Regarding the lawsuit of“Lvmou vs Yumou traffic accident dispute”judged by Sichuan Jinyan Court,as per the related laws and judicial interpretations,this dissertation concluded two controversies:1.the confirmation and distribution of the tort liabilities,which is revolving the decisions of selections for damage obligator,having joint and several liability debtors,and its liability type among the defendants;2.the legal nature of the advance payments for salvage or funeral expenses,which is revolving the advance payment by Ms.ZhangJing,one of the defendants,is within the final damage,or not.The fist controversy is the core part of this dissertation,which belongs to the affiliated transportation business model.The writer of this paper hold the believe that the companies,ChuanHong Logistics Ltd.and Quanshun Transportation Ltd,are more suitable for taking the vicarious liabilities coursed by the tractor driver.Then,on the condition of no shrink to plaintiff's benefits,the Court should balance the burden of proof in possible following recourse dispute among the defendants and Economic Law's interests to affirm the companies take the damage liabilities foremost,and endow the complementary liability to Ms.Zhangjing.The second controversy can not be avoided in usual traffic disputes.The judge of this dispute falsely narrowed the connotation of the “Li Jin”.Considering the discharge situation and purpose of the advance payment by Ms.Zhangjing,the constitute of apparent agency in conjugal relation,and its burden of proof,the Court is more rational to confirm the advance payment as part of the final damage,other than cash gift.At last,the summaries and suggestions are formed in this dissertation,which are revolving judiciary and compliance managements for the similar disputes.