Motor vehicle serves as the vehicle of a kind of fast travel, contain certain dangerous sex inevitably. Accordingly, to ensure travel safety, the country set to motor vehicle discard as useless compulsively fixed number of year. Motor vehicle arrived to discard as useless fixed number of year, car advocate ought to disuse, to the branch that make a valve active application discards as useless, cancel register. Otherwise, if continue,be used or resell other, punish or be brought other and adverse law consequence possibly.
In actual life, a few popular feeling are put fluky, for at the moment increase make a reckless move, already arrived discard as useless the other of resell of motor vehicle do sth without authorization of fixed number of year. Once produce an accident, buyers and sellers assumes joint liability because of this possibly.
To this, top people court " about hearing case of damages of road transportation accident applicable law the explanation of a certain number of problems " regulation:
Spell outfit car, already achieved discard as useless standard motor vehicle perhaps prohibits lawfully the other motor vehicle of travel is made over for many times, accident of intercurrent strange liaison man is caused damage, party request assumes joint liability by all transferors and alienee, people court should grant to support.
Discard as useless the car stops roadside to be chased after end also is carried duty
Case
At the beginning of 2015, the Zhang Mou that just took an examination of a driver's license plans to drive to carry for the person goods earns money, from Li Mou then the low in the hand buys already travel van of dump low speed. Go to the lavatory for the graph, 2 people just transfer car and consign, did not deal with droit move to register all the time. Of the same age on August 26, car is achieved discard as useless compulsively after time, zhang Mou thinks to send check to discard as useless too troublesome, park car in Zhejiang province to thoroughfare the village in mountain of town of neat brook of county of state city become civilized was not in charge of it by the side of one a section of a highway again.
In January 2018, huang Mou drives an electric car and rear of van of this dump low speed produce collision, bring about Huang Mou to die on the spot. After this, the family member of victim Huang Mou Zhang Mou of Zheng Mou general and primary vehicle advocate Li Mou appeals to together save court of people of become civilized county to Zhejiang, ask 2 people assume liability to pay compensation jointly.
After the court is tried, think, this case has attributed the traffic that discards as useless compulsively when car happening accident, controversy focus depends on registering a car advocate whether does Li Mou need to assume square to accuser liability to pay compensation jointly. According to top people court " about hearing case of damages of road transportation accident applicable law the explanation of a certain number of problems " the 6th regulation, spell outfit car, already achieved discard as useless standard motor vehicle perhaps prohibits lawfully the other motor vehicle of travel is made over for many times, accident of intercurrent strange liaison man is caused damage, party request assumes joint liability by all transferors and alienee, people court should grant to support.
But, li Mou had been transferred actually 2015 Zhang Mou, the car when consign has not discard as useless to also pass a yearly check, trade it is normal that the price also is belonged to. According to law of liability of our country tort fiftieth a regulation, had been made over with the means such as buying and selling between party and consign motor vehicle but did not deal with droit move to register, produce traffic postaccident to attribute responsibility of one party of this motor vehicle, give inside range of limit of liability of motor vehicle compulsory insurance by insurance company compensation; Be not worth a part, assume liability to pay compensation by alienee.
Accordingly, after the court is tried, hold primary vehicle advocate Li Mou need not assume liability to pay compensation.
Remind after judge law court:
Whenever trades two hand car, what need to pay close attention to car is compulsive discard as useless deadline, do not buy as far as possible draw near to discard as useless compulsively the car of fixed number of year, if affirm,buy, new car advocate need is achieved in car discard as useless when fixed number of year, undertake discarding as useless according to normal procedure, forbidden abandon pay no attention to, discard as useless otherwise the car once cause trouble, new car advocate responsibility escapes hard.
Cancel a car to sell other cause after the event implicative compensate
Case
A day of dusk, a Hong drives lamplight, apply the brake is unqualified common in road of travel of 2 rounds of autocycle, bump into pedestrian A Yuan, invalid death of the rescue after causing A Yuan to get injury be in hospital more than 10 days. After the event, the branch that make a valve makes road transportation accident hold a book, cognizance A Hongcheng carries the total liability of the accident, a Yuan is unaccountable. After accident happening, a Hong only pay for sb and expect to be repaid later medical treatment expends 2500 yuan, undertake compensatory without other charge. To safeguard legitimate rights and interests, a Yuan's family appeals to to the court, the request sentences Ling Ahong and experience case car to register a car advocate Hu Mou recoups relevant loss more than yuan 260 thousand.
City of Guangdong province Guangzhou from change a court to be found out via cognizance, a Hong driver's license has expired, the registering everybody of accident car is not A Hong, make over this car to give A Hong's Hu Mou however, autocycle shoulds not besides lamplight, apply the brake all the more, also did not buy make strong danger and narrow pass of responsibility of a third party, motor vehicle condition is cancelled to enforce.
On the court, hu Mou argue says, oneself had given A Hong autocycle resell before a year, this second accident and oneself have nothing to do, do not agree to compensate for. To prove its advocate, hu Mou referred he and A Hong to was signed on Feburary 1, 2013 to the court " autocycle resell agreement " . The agreement on agreement: "Hu Mou will register 2 rounds of autocycle in its under one's name to make over A Hong; After resell, all accidents of place happening and responsibility are assumed by buyer, have nothing to do with the bargainor. " cancel compulsively already because of this car cannot change the name of owner in a register, so this car did not deal with the relevant formalities of resell change the name of owner in a register, after making over, still register in Hu Mou under one's name.
After the court is tried, think, a Hong causes A Yuan to die because of the accident, make the inroad that to its life health fors the time being, answer to assume corresponding liability to pay compensation by accident responsibility severally. The accident responsibility that issues according to joining tubal department holds a book, a Hong is right accident in full charge, a Yuan is not had duty, and accident car was not bought make strong danger and commercial narrow pass, the loss of family member of reason A Yuan should be assumed entirely by Ahong.
Classics court is maintained, the relevant loss that A Hong should recoup A Yuan heir at law adds up to more than yuan 260 thousand. Because A Hong has paid 2500 yuan, accordingly A Hong still should compensate for more than yuan 250 thousand actually. In addition, hu Mou regards an accident as the registering everybody of car, in know perfectly well autocycle to be cancelled compulsively already cannot below the circumstance of resell change the name of owner in a register, sell A Hong car and bring about car to do not have change the name of owner in a register, its serve as the car that register advocate have bigger mistake, the agree carries corresponding legal responsibility.
Accordingly, from change a court to rule Ling Ahong compensates for family member of more than yuan of 250 thousand Yuan giving A, hu Mou should assume implicative liability to pay compensation. Express after judge law court, after Hu Mou assumes implicative liability to pay compensation, but according to the agreement between its and A Hongzhi, xiang Ahong chases after countervail.
Car wall bulletin abandons buying and selling to should remove
Case
Deng Mou and Li Mou are signed " car business agreement " , conventional Li Mou its cars of all a 5 water chestnut make over Deng Mou, the price is 10 thousand yuan, li Mou issue all formalities to assist Deng Mou to deal with car transfer ownership to wait for matters concerned. After the autograph is made an appointment with, deng Mou discovers this car batholith has a problem to send car to repaired a factory to undertake repairing, pay repair cost 1300 yuan. After car has been repaired, of Deng Mou and Li Mou do sth for sb the person deals with formalities of change the name of owner in a register to branch of registration of vehicles together, because this car distance discards as useless compulsively,the accused knows period very close, the basis concerns a provision, cannot deal with change the name of owner in a register.
For this, deng Mou asks Li Mou returns the money that buy a car, but the other side adopts avoided kind not to grant pay attention to. But, deng Mou appeals to to the court, the requirement is sentenced make remove the deal agreement that both sides signs, ask Li Mou returns the money that buy a car 10 thousand yuan reach the fund that build a car 1300 yuan.
After people court is tried to this case, area of north of willow of city of Liuzhou of Guangxi Zhuang Autonomous Region thinks, already drew near to discard as useless compulsively as a result of the car when trading deadline, cannot deal with formalities of change the name of owner in a register to car according to the regulation, the deal agreement that causes both sides to sign cannot come true, according to contract law the 94th regulation, allow lawfully remove deal agreement. After the contract removes, deng Mou has authority to ask Li Mou compensates for his to trade of car defray repair cost accordingly.
Accordingly, the court adjudicates both sides is signed " car business agreement " remove, stop fulfill; Sentence your Li Mou to return return Deng Mou to buy vehicle fund 10 thousand yuan, compensatory Deng some car repairs cost 1300 yuan.
Hope each car advocate enhance law sense, abide by law is abide by the law, handle affairs lawfully, do not the heart is put fluky, for temporarily interest and buy law at disregarding, otherwise, probable go for wool and come home shorn, suffer bigger loss.
Wonderful reviewing
[reporter deepness observes] what cupreous benevolence jockeys is difficult, let you " painful " ?
Literary big Ga judges 10 thousand hill, they say so...
