Not for the transfer procedures have

Some people think that the valid contract for the sale of motor vehicles is to register as a necessary condition, not the registration and transfer of the contract for the sale of non effective, no transfer of vehicle ownership, so the car accident, vehicle registration write owner must bear responsibility.

But, in fact, the law of our country has no effect to the provisions of the contract for the sale of motor vehicles is the necessary condition for the registration and transfer. In fact, the sale of vehicles not transfer is the breach of administrative rules and regulations, no causal relationship with the driving cause damage; at the same time, the sale of vehicles does not transfer but the actual delivery vehicles, car advocate the delivery vehicle registration and loss of vehicle control and business interests, so the accident to find the owner is obviously not fair. Vehicle sales for the sale of real property, the transfer of its property ownership from the delivery, and occurs in the transfer of ownership of the legal effect between the parties. The Supreme People's court for"About a serial transfer procedures for the purchase a car without the original owners of motor vehicle traffic accidents responsibility for"Replied that: a series of purchase a car did not handle the transfer formalities, as vehicles have been delivered, it is not the original owners deal with motor vehicle traffic accidents responsibility. However, a series of purchase a car did not handle the transfer procedures, in violation of the relevant administrative regulations, shall be governed by the provisions of the adjustment. In the approval the Supreme People's Court pointed out, should not be to the registered owner determine the vehicle owner, but should be delivered(In addition to the contract agreed by the parties)And the actual investor buying people determine the vehicle all people. The Supreme People's court to reply form denied registration as a prerequisite for the transfer of vehicle ownership view, not only meets the basic principle of statutory real right, and consistent with the legal spirit of our other laws, regulations, rules and regulations.

2010Years7Month1DayImplementation"Tort liability act"Article50Clearly stipulates: the parties have been sold or transferred by other means and delivery machine, Car but not for the registration of ownership transfer, after a traffic accident belongs to the motor vehicle party responsibility, the insurance company shall make compensation in motor vehicle compulsory insurance liability limit. Part of the problem, the transferee shall bear liability for compensation.

    To sum up, we can see both the end of vehicle registration of transfer procedures, does not affect the buyer obtain ownership of vehicles, vehicle ownership transfer, the rights and obligations in conjunction with transfer, the original registration all loss of motor vehicle operation control and operation benefit, so the traffic accident, shall be the actual control of vehicle operation or operation benefit the buyer shall bear the liability for damages, the original registration of all people should not bear the liability for damages.