出租、出借车辆交通事故侵权研究

发布时间：2018-10-26 17:07

【摘要】：随着国家的繁荣与富强,我国拥有自用车辆的人数显明显增多,常见于车辆作为交通工具而于各家的门口,亦因此,人们之间的车辆借用与租用关系就变得非常频密。在这样的背景下,一旦发生交通事故,那么所牵涉的责任承担问题就会交的非常复杂。对于承担责任的问题,一者关系到对受损方的实时、公正的救济,又对社会的和谐产生一定的影响,因此,该类车辆交通事故在侵权责任的确定问题上就显得尤为重要。那么,我们应怎么样去处理该类车辆的侵权责任之界定问题呢?《侵权责任法》出台之后,其第四十九条对此做出了明确规定,然而,我因对该法条在的责任主体和责任原则的观点上,争议相对较大,以至实践中,该法条之适用也面临着不少的尴尬局面。在本文交通事故案例中同时出现出租和出借两种情况,事实上,车辆出租者已经完全履行了合同中对承租人的审查义务,并明确约定不得转借车辆,而车辆承租者又将该车辆转借他人使用,在这种情况下有两个原因,一是没有阻止车辆实际驾驶人驾驶车辆,二是违反了与出租者不得转借车辆的约定。该两种情况中,当事者是否都需要承担责任呢?若要承担责任,则应以何种方式承担呢?这也是本文研究中的重点方向。本文以交通事故中的侵权损害案例来研究,根据相关的法律知识,侵权损害责任的承担,是以造成他人人身损失为基础,赔偿一般以金钱或者实物财产等方式来进行,这是常规情况下的侵权赔偿。认定车辆出租、出借人及驾驶人承担交通事故侵权责任的判定依据。笔者在对租借车辆交通事故的侵权责任研究中,通过详细的、真实的案例来引发对整个案件的思考,从而得出一些类似案件的规律性的解决方案,将带着以上的问题,通过对引用的案件进行全面分析,尝试从中找出答案,并从答案中引出一些具有通性的结论,为今后同类的案例作出有值价的参考。
[Abstract]:With the prosperity and prosperity of our country, the number of people with self-use vehicles in our country has increased obviously, and it is common in vehicles as vehicles at the door of each house. Therefore, the relationship between people borrowing and renting vehicles becomes very frequent. In this context, once there is a traffic accident, the responsibility involved will be very complicated. To bear the responsibility, one is related to the real time, just relief to the injured party, and has certain influence on the harmony of the society. Therefore, it is particularly important to determine the tort liability of this kind of vehicle traffic accident. So, how should we deal with the definition of tort liability of this kind of vehicles? after the introduction of the Tort liability Law, Article 49 of the Tort liability Act makes a clear provision for this, however, From the viewpoint of the subject of responsibility and the principle of responsibility, I have a relatively large controversy, even in practice, the application of this article also faces a lot of awkward situation. In the case of traffic accident in this paper, there are two cases of leasing and lending simultaneously. In fact, the rental of the vehicle has fully fulfilled the obligation of examining the lessee in the contract, and it is explicitly stipulated that the vehicle is not allowed to be lent. In this case, there are two reasons why the vehicle tenant has not prevented the actual driver of the vehicle from driving the vehicle, and the other is a violation of the agreement with the renter not to lend the vehicle. In both cases, should the parties be held liable? If responsibility is to be borne, in what manner should it be taken up? This is also the focus of this study. According to the relevant legal knowledge, the liability for tort damage is based on causing personal losses to others, and compensation is generally carried out in the form of money or real property. This is the normal case of tort compensation. Identify vehicle rental, lenders and drivers to assume the basis of tort liability for traffic accidents. In the study of tortious liability for traffic accidents caused by leased vehicles, the author, through detailed and real cases, leads to the consideration of the whole case, and obtains some regular solutions to similar cases, which will bring the above problems with me. Through the comprehensive analysis of the cited cases, this paper tries to find out the answers from them, and draws some general conclusions from the answers, and makes a valuable reference for the similar cases in the future.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923

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