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Just net Beijing on June 12 report (Chan Ge of reporter of learn on job) on June 12, court of the 2nd intermediate people is in Beijing bulletin " two handcart trade dispute case case " when express, some closer year two handcart trade dispute frequency hair, consumer dimension authority is put in predicament, contract agreement is unidentified, hand in the circumstance such as easy information asymmetry to happen from time to tome, when thought fors the time being, consumer appeals to the castigatory sex compensation that seeks 3 times cost.
Data shows, came in January 2015 in March 2018, 2 quadrangle in all the case of consumer dimension authority that because buy,careful writtens guarantee two handcart are caused 25, among them 2015 6, 2016 7, 2017 8, 2018 the 1st quarter 4, score is occupied to be in the case of issue of deal of whole new old motor vehicle that writtens guarantee in careful of the corresponding period 19% , 18% , 20% , 57% .
Judge analysis points out, the account that the case of consumer dimension authority that causes because of buying two handcart currently produces, car itself does not have legal proof file cannot the reason of change the name of owner in a register, also flaw of car existence quality and authority belong to the reason such as dispute. "Consumer is in when doing business, want to examine legal proof data seriously, in the meantime, the contract that examines the person that sell to purchase car, before handcart advocate enjoy the right and the proof that agrees to sell, be in charge of sectional inquiry to affirm to the car when necessary. Be in charge of sectional inquiry to affirm to the car when necessary..
Sale action existence needs to assume 3 times compensation false
The reporter notices, in 25 cases that 2 quadrangle report, 13 cases court all or the litigant request that supported consumer partly, 52% what take entire case, but only the cognizance important document that 3 cases make con conduct, compensation of the person that the court decision is sold punishs sexual compensation.
"Consumer and between the person that sell information asymmetry, the consumer after producing issue obtains evidence not easily, quote difficulty, safeguard oneself rights and interests hard. " 2 quadrangle civilian Li Xue of deputy presiding judge of 4 front courtyard expresses, from 2 quadrangle only the circumstance of compensation of applicable penalty sex sees 3 cases, the applicable premise that punishs sexual compensation is operator existence fraudulent action, and the legal cognizance about fraudulent action the level is higher, ask not only of car inform circumstance and true condition to not agree with, still ask operator is had con intended and the meaning that consumer makes a mistake accordingly expresses, consumer often proves hard.
The consumer below what circumstance advocates compensation of sex of 3 times penalty can win support? According to the bulletin, when try in 2 quadrangle two handcart trade in issue desk, zhao Mou bought a two handcart with company of old car of 190 thousand yuan of Cong Mou in Feburary 2015. Both sides signs agreement Zaiming odograph to show 9000 kilometers can ensure, automobile body framework does not have repair record. Zhao Mou paid to buy vehicle fund, car move is registered to its under one's name. In use process, zhao Mou discovered old car company buys the agreement of experience case car to Chen Mou of the 3rd person, when showing company of old in January 2015 car buys this car to Chen Mou, odograph shows 20 thousand kilometer can ensure. Zhao Mou thinks old car company is formed con, reason appeals to to the court, ask old car company returns 190 thousand yuan of moneys that buy a car, pay 3 times compensation.
The court thinks via cognizance, old car company fastens a sale to know perfectly well the car with travel false course, cause Zhao Mou to make wrong meaning expressed to buy this car, afore-mentioned behavior of old car company are formed con, old car company should assume the legal responsibility that retreat car, refund and pays 3 times compensation to Zhao Mou. Accordingly, the court adjudicates old car company is returned return Zhao Mou 190 thousand yuan of moneys that buy a car, pay 3 times compensation to Zhao Mou, zhao Mou returns experience case vehicle company of old still car.
2 quadrangle civilian Sun Ying of judge of 4 front courtyard tells a reporter, the person that this is sold with respect to the requirement is fulfilled strictly tell obligation, include to tell customer with written means the actual content in car condition archives. The circumstance such as the travel course of development of two handcart, maintenance cannot check, the person that sell also answer the fact that will not check and the hidden trouble that exist possibly are written tell customer.
Sun Ying points out at the same time, consumer wants standard, discretion to sign a contract with the person that sell, the person that consumer should ask to sell makes clear car in written contract limits of car age, real course of development, technical condition, accident, main configuration, the verbal commitment of the person that sell also should write a contract.
It is difficult that car authority belongs to not clear consumer thought fors the time being
If car is put when authority belongs to dispute, bring about two handcart extremely easily also to trade existence problem.
According to 2 quadrangle civilian Li Xue of deputy presiding judge of 4 front courtyard introduces, our country implements system of the antagonism that register to motor vehicle, register have antagonism kindness only the effectiveness of the 3rd person. This causes the obligee with true motor vehicle and the obligee that register easily often abhorrent, produce authority easily in be on the move for many times to belong to dispute.
The reporter notices, in recent years, after two handcart trade, because car is fastened,issue of droit of the existence before this, lien had be notted solve, in consumer use process by other obligee forcibly resumptive thing also has happen. In the case that hears in 2 quadrangle, this kind of case has 5, 3 by primary vehicle advocate resumptive, 2 by primary vehicle advocate hypothec person is detained, entire case all involves criminal case.
The case that two handcart put the part in the change outside several different ground to sell increased the difficulty that thought fors the time being. "Once car gives issue of ground existence droit, lien in the change before, obligee car forcibly resumptive transfer again, consumer often the authority of inscrutable car belongs to state and whereabouts, it is more difficult to go up objectively to car distrain of the other place person thought fors the time being. " Li Xue complement says. The person that be like a sale with consumer the indemonstrable person that smash a car exists for effective right, him evade assumes right flaw to assure responsibility, with respect to the situation with bad advantageous position of dimension of both ends of meeting occurrence consumer.
Accordingly, 2 quadrangle judge suggests consumer buys car from normal channel, severe examine car procedures, discretion signs a contract, microscope car. Right for the person that sell, should father check car authority to belong to, establish car condition record, fulfill actively tell obligation.
