Related Articles
The use of motor vehicle rents can divide roughly for two kinds of case: It is so called car is rented, rent management person to use tenant of consign of the car that rent inside conventional time namely, collection hires cost, do not offer drive the management means of the service. 2 it is to rent management person and tenant agreement to offer the car that rent and drive the service gives tenant, at the same time collection hires cost. For example, marriage the driver that celebrates the company that rent a car to send his drives for tenant marriage celebrate car to wait.
Below the 2nd kind of case, although the name is " rent " contract, actually is work contract, when the motor vehicle that is leased produces traffic accident to send a person to damage, answer to assume responsibility according to employer liability by the company that rent a car of course, or basis " person damages explains " the 9th regulation, employee falls because of the case of intended, gross error, ought to assume implicative liability to pay compensation with employer. The responsibility principal part that in trying practice, plays to this kind of case does not produce a debate. The problem is being used mediumly at the first kind of case rent, offer the car that rent only namely and do not offer drive the case of the service. When be being rented to using, main body of responsibility of motor vehicle damages is decided really, rule to there is the point of view that differs below in practice.
The first kind of viewpoint thinks, the lessor of motor vehicle and tenant ought to assume implicative liability to pay compensation to should be being damaged, but if lessor happens to what damage,do not have fault, its have authority to undertake chasing after countervail to tenant after compensation. Standing committee of countrywide National People's Congress announces " liability of tort of O of draft of civil code of People's Republic of China is made up " also took this one point of view, should write the 27th the 1st paragraph regulation: "The motor vehicle of rental, lend causes other to damage in move, motor vehicle everybody and tenant, borrower assumes joint liability. Motor vehicle everybody does not have fault to harm happening, after be being compensated for to the victim, can chase after countervail to tenant, borrower. Can chase after countervail to tenant, borrower..
The 2nd kind of viewpoint thinks, in principle should assume liability to pay compensation by tenant proper motion, but when fault is being had to harm happening in lessor, know perfectly well tenant to do not have a driver's license for example and rent car other, conceal car existence defect or dangerous and rental give another person. Lessor and tenant are damaged to traffic accident assume implicative liability to pay compensation. For example, jiangsu saves basis of senior people court " the give an official that about be being started by pilfer motor vehicle after the event assumes damages responsibility by who " wait for a regulation, during car everybody rents car other is used, tenant uses this car to produce traffic accident, answer to assume implicative liability to pay compensation by lessor and tenant.
Previous12 Next
Position:home>Policies and regulations>How to maintain motor vehicle to use the responsibility principal part in rentin