New car owners purchase a car after the vehicle has not handle the transfer procedures

The original owner of motor vehicle has been selling what happenedAssume the liability caused by traffic accidents

A, case introduction

  In June 20, 2006, Zhang in a car sales company to buy a car, and the vehicle registration, January 15, 2008, Zhang and the car sold to Lee, however, Lee has not dealt with in accordance with the procedures for transfer of vehicle ownership. In October 2, 2008 the vehicle traffic accidents, pedestrian Zhu bruises, take medical treatment fee 32100 yuan, in consultation with the human body indemnity fail circumstances, Zhu Zhang, Li Mou to court, requested the two defendants jointly assume the liability for compensation for personal injury.

Two, the court

  The court in the identification of the facts of the case, Judge Li Zhu alone to bear the liability for compensation, do not assume responsibility zhang.

Three, legal analysis

  The Supreme People's Court (2001) provides people a he thirty-second word document and the Supreme People's Court on the purchase of people use installment purchases of vehicles in the transport because of traffic accident causing the loss of property of others, the seller retains the reply of vehicle ownership should not bear civil liability, will "operation control" and "operation interest" theory into me in legal practice, namely who actually control the operation of the vehicle and the operation benefit, should be the vehicle running as the obligations of management, and assume the responsibility, in this case although the vehicle has not transfer, Zhang is still the car on behalf of all the people, but in fact, Zhang has been impossible to control the car or get benefits from its operation, and Li Mouze alone to control the car, and was entitled to all the benefits of running, so according to the theory, the court made the above decision, therefore, the people's court's decision is correct.

Four, the law

Reply of the Supreme People's court a, [2001] people He Zi No. thirty-second "purchase a car is not about serial transfer procedures for the original owners of motor vehicle traffic accidents responsibility"

The Jiangsu Provincial Higher People's court:
  You Institute "about serial purchase a car not handle the transfer procedures, the original owners ask" whether to motor vehicle traffic accidents were liable for damage caused by the receipt. From the point of view that:
  A series of purchase a car did not handle the transfer procedures, as vehicles have been delivered, the original owner can not control the vehicle operation, also cannot benefit from the vehicle operation, 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.
                                                                                                                                                                   December 31, 2001

Two, the Supreme People's Court Interpretation (2000) No. 38 "on the purchase of people use installment purchases of vehicles in the transport because of traffic accident causing the loss of property of others, keep the approval shall not bear civil liability of vehicle ownership" 

Sichuan Provincial Higher People's court:
You (1999) Institute of Sichuan high Law No. 2 "on the installment, the retained ownership of vehicle sales contract during the transportation of the goods to buy party causes losses to others the use of the vehicle, the seller should bear civil liability for" receipt. Through research, the following reply:
Take the installment purchase a car, a seller in the purchaser paid car retains the ownership of a vehicle, the purchaser in its own name and to enter into a contract of carriage of goods and the use of the car transport, due to traffic accidents caused by the loss of property of others, the Seller shall not bear civil liability.