Sell the car does not transfer, the buyer traffic accident responsibility?

The problem:For the sale of motor vehicles not transfer, just delivered the invoice, purchase a car motor vehicle registration certificate and other relevant information. The buyer of the traffic accident, who should bear the responsibility for the accident? 　　

At present, there are two different views on the problem: a kind of opinion thinks, although the original owner has the actual delivery vehicles and the relevant registration data, but not for transfer of registration, the subject matter without the occurrence of transfer of ownership, the original owner is still the legal sense of ownership, should complement to advance the responsibility for compensation; another opinion is that, the original owner in the contract for the sale of vehicles has the actual delivery vehicle, the vehicle ownership has changed, it is not the original owners should bear the liability for damages in traffic accidents in this case.

Answer: according to the "Reply" Supreme People's Court on the serial purchase a car did not handle the transfer procedures owners whether or not the original motor vehicle traffic accidents responsibility [2001.The people He Zi No.32Number] clear:"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."

 First of all, the public security organs of the motor vehicle registration and transfer of administrative behavior, is not the real right law sense of ownership transfer, the seller and the buyer does not transfer the registration procedures, the influence of vehicle management authority registration and management of vehicles, does not affect the validity of contract for the sale, does not affect the buyer to obtain motor vehicle ownership. "Road traffic safety law" stipulates that the eighth:"The State practices a registration system for motor vehicle. Motor vehicle is registered with the traffic control department of the public security organ, on the road before. The vehicle has not been registered, need to temporarily run on road, it shall have a temporary pass."The provisions of article twelfth:"Any of the following circumstances, shall handle the corresponding registration: (a) the transfer of ownership of motor vehicles;......"Visible, the public security organ for registration of motor vehicles, is the administration behavior has occurred in motor vehicle ownership transfer, is the need of administrative management, materially affect the behavior and not the ownership of motor vehicles. The Ministry of public security of Reply of the Supreme People's Court Executive Office reply "the Ministry of public security on ownership of motor vehicles to determine of the reply" [(bus tube2000)98Number] pointed out:"According to the existing vehicle registration regulations and the relevant provisions, the registration of motor vehicles for the public security organs, is granted or not granted registration on the road, not the ownership of the motor vehicle registration. In order to meet the needs of traffic management, vehicle management of public security organs for vehicle license plate location, to purchase a car invoice or the people's court judgment, ruling, mediation and other legal instruments vehicle origin certificate, confirm the motor vehicle owners. Therefore, the public security organs registered owners, should not be used as the basis for identification of vehicle ownership."

The Ministry of public security to the Supreme People's Court on the reply of the Ministry of public security room "on the transfer of vehicle ownership of property of time reply" [(bus tube2000)110Number] also pointed out:"According to the existing vehicle registration regulations and the relevant provisions, the registration of motor vehicles for the public security organs, is granted or not granted a motor vehicle on road motor vehicle registration, the registration of ownership is not. Therefore, the vehicle management department for the transfer of registration time as the transfer of ownership of motor vehicle property of time there is no legal basis."Thus, although the original owner is still the registered owner of the public security organs, but not for the motorcycle ownership identification of course, the sale and delivery of motorcycle behavior has to transfer ownership of the legal effect, and not to the register transfer of title transfer, so the car accidents occurred not bear the liability for damages.

Property is the right person to have direct control of and exclusive rights to specific objects, including ownership, usufructuary right and security. Among them, the ownership is the most comprehensive, most property, which includes not only the possession, use, income, including the right to dispose of it eventually. The original owners sold the car, and has the actual delivery vehicles and related materials, although not to transfer the registration, use but can't control the car, also do not profit from the operation of the cars, more have no right to dispose of the car. According to the rights and obligations of the principle of consistency, the original owner of the car has a high does not enjoy any rights, if its responsibility, is unfair. In addition, the "property law" the provisions of the people's Republic of China sixth:"Chattel shall be delivered in accordance with law."The provisions of article twenty-third:"Chattel, takes effect upon delivery, except otherwise provided by law."The provisions of article twenty-fourth:"Ships, aircraft and vehicles, the security establishment, alteration, transfer and elimination, not registered, not confrontation goodwill third person."Thus, the publication method of real right in our country take the motor vehicle registration antagonism, namely the vehicle changes in property rights, in accordance with the agreement between the parties and the delivery of the object shall have the legal effect, transfer of ownership. If not registered, just can't resist the bona fide third party, if the third person of bona fide acquisition of the material, which is entitled to have the ownership of the object, the original buyer loses the ownership of the object. The original car owners of vehicles sold and others, signed the agreement for sale and purchase a car invoices, delivery, motor vehicle registration certificate and other relevant information, vehicle ownership has to transfer, the original owner is not the owner of the car, so the car accident should not bear the responsibility.