Vehicle manufacturers as the registered owner does not bear the liability of compensation in traffic accident

[The case]

Jin Zhonghua in installments (Shoufu100Million, bank mortgage payment400Million) from ZOOMLION Limited by Share Ltd (hereinafter referred to as "ZOOMLION") to buy a special high-pressure cement pump truck, temporary designation as "HunanA994400".2012Years6Month2Day, Sun Guanghui drove the car to a construction site, and straight before Du Yu ride two wheeled (after Du Zhuoyuan) collided, killing Du Yuqian, Du Zhuoyuan injured, electric vehicle scrap of traffic accidents. The accident resulted in syndrome, multiple soft tissue injury and left wrist bean bone fracture Du Yu forebrain after trauma; Du Zhuoyuan disability caused by nine and six respectively1At. Through the traffic police department, Sun Guanghui take full responsibility for the accident, Du Yuqian, Du Zhuoyuan is not negative accident responsibility. As ZOOMLION registered vehicles, rental for the Fengcheng gold based building materials company, the actual owner Jin Zhonghua, the driver for Sun Guanghui. Because of the compensation without consultation fruit,2012Years12Month17Du Yuqian, Du Zhuoyuan to the court, Sun Guanghui, ZOOMLION, Fengcheng gold based building materials company joint damages totaling1275882.42Yuan; financial insurance company, Ping An Bao Hunan opened the company bear direct liability in cross strong insurance and third party liability insurance within the scope of.

　　[Differences]

ZOOMLION as the special high-pressure cement pump truck registration rights, should bear the responsibility for compensation there are two kinds of views on the traffic accident:

The first view, it shall bear the liability for compensation. Motor vehicle sales is a legal act, he is to register for the elements, the trading behavior transfer unregistered, no contract, no transfer of vehicle ownership. The owner of the vehicle management has a responsibility to the vehicle, the traffic accident causes damage to others shall bear the liability for compensation.

The second view, should not assume liability to pay compensation. Both parties at the end of the 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, traffic accidents should be the actual control of vehicle operation or operation benefit the Buyer shall bear the liability for damages, with the original registration of all people regardless of.

　　[Comment on]

I agree with the second view, the main reason for the:

First, about the problems of car ownership transfer. The car in the sale of transference of goods ownership? At present our country has not introduced for legal provisions or judicial interpretation. In judicial practice, usually in accordance with the "general principles of civil law" seventy-second article "acquiring ownership of property, shall not be in violation of the provisions of laws, property obtained in accordance with the contract or other legal means, the transfer of property ownership of the property at the time of delivery, as otherwise stipulated by law or otherwise agreed by the parties", "contract law" article 133rd "the ownership of the subject matter from the subject matter shall be transferred, but the legal provisions or the parties have agreed otherwise" provisions, transfer of ownership from the sale of that car vehicle delivery. Accordingly, that Jin Zhonghua actually has the special high-pressure cement pump truck ownership time for ZOOMLION's delivery time, delivery time when transfer.

Second.2000Years12Month8The date of promulgation of the "Supreme People's Court on the purchaser to use installment purchases of vehicles in the transport because of traffic accident causing the loss of property of others, keep vehicle ownership" a reply shall not bear civil liability, clearly defined "take instalment purchase a car, a seller in the purchaser paid car retains the ownership of the vehicle first, 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". Although ZOOMLION vehicle registered owner, Jin Zhonghua was not pay off the vehicle and keep the vehicle ownership, but the car in the actual delivery to Jin Zhonghua, beyond the company's control of the vehicles, no benefit from it, and there is no link between, so do not assume responsibility for the accident. Liao Huaying