Journal of Northeastern University(Social Science) ›› 2018, Vol. 20 ›› Issue (5): 513-519.DOI: 10.15936/j.cnki.1008-3758.2018.05.011

• Law • Previous Articles     Next Articles

An Analysis on the Responsibility of Assignor of a Motor Vehicle Without Vehicle Annual Inspection in Traffic Accidents

YUAN Jin-hua   

  1. (School of Law, Renmin University of China, Beijing 100872, China)
  • Received:2018-01-15 Revised:2018-01-15 Online:2018-09-25 Published:2018-09-25
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Abstract: No clear legal regulations are available in our country at present about the responsibility of the assignor in transferring ownership of a motor vehicle without vehicle annual inspection after traffic accidents. In judicial practice, there have been “different judgments for similar cases” in which the assignor and the assignee are sentenced to bear the joint responsibilities and thus the assignor is put in an unfair situation. Transferring the motor vehicle without vehicle annual inspection belongs to the field of party autonomy. The assignor has no theoretical basis for taking dangerous liability and should be judged in principle according to Article 50 of Tort Law and held irresponsible with the exception of joint and fault liabilities based on evidence from the victim so as to balance the values of fairness and victim protection, and thus safeguard the judicial justice.

Key words: motor vehicle without vehicle annual inspection, joint liability, causality, fault, causative potency

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