VehicleTransfer period of traffic accident whoBearThe responsibilityRen?

Along with theCityThe peopleIncomeImproved, more and moreCar into family, traffic accidents caused by driving a motor vehicle frequently. Countries in 2007 and 2009 promulgated the "road traffic safety law" and "tort liability law" regulation. In the legal advice we 12348 daily, traffic accident consultation rate has been high.

In July 11th, Mr. Wang of the public call Advisory: he bought Guangzhou Honda car in 2006, use after a few years, want to sell the car. In 2011 January, he and his friend LeeSigned a contract of motor vehicle sales, contract price 70000 yuan, the buyer to transfer procedures and payment of other costs. After signing the contract, both parties such as the price and delivery vehicle and driving license. Later, Li Mou vehicle traffic accident, the traffic police department investigation, take full responsibility for the accident of lee. The victims and their families asked Mr. Wang and Lee jointly liable for compensation. But Lee said that the vehicle is not handle the transfer procedures, no liability shall be borne, Wang; Wang think they have no responsibility, actual start-up is lee. Mutual responsibilities. In this regard, we give detailed reply 12348 lawyers: 1, according to the provisions of our "property law",The general principle of alteration of real right in China is immovable property registration, transfer, chattel to delivery for transfer.The vehicle has been delivered but not the transfer of vehicle ownershipHas been transferred.Since the partiesAlreadyA voluntary transfer of ownership of the agreement, as long as the delivery vehicle to AssigneeBuyer.Possession, ownership is legitimate and effective transfer. But in real life, the direct transfer of possessionAlsoActual delivery is the most commonly used, the most common way of delivery.2, on the basis of the "tort liability act" provisions of article fiftieth, transfer and delivery but not for motor vehicle traffic accident liability of the registration by the transferee (purchaser) bear. Namely: who is driving a vehicle, who bear the responsibility. 3, according to the provisions of "contract law" and "general principles of civil law",Transfer the ownership of the subject matter from the delivery of the object, but the legal provisions or the parties have agreed otherwise.

ThereforeTransfer of vehicle ownership, the law does not stipulate by the public security department must transfer register.Mr. Wang responsibility there is no legal basis, but by Li to assume responsibility for the victims.

The other 12348 legal service to remind the public: 1, the loss of traffic accidents by the driver of a non motor vehicle, pedestrian vehicle collision caused intentionally, the motor vehicle shall not bear liability. 2, leasing, the use of motor vehicle traffic accident liability: the owner of the vehicle and the use of people are not the same person, forced by the insurance companies in motor vehicle insurance liability limits the scope of compensation, the insufficient part, by the user of the motor vehicle shall bear the responsibility for compensation.