在好意同乘中交通事故的民事责任研究
发布时间：2019-06-03 08:51
【摘要】：好意同乘在日常生活中非常普遍,在好意同乘中发生交通事故的纠纷最近几年也比较多。应该如何分配好意同乘中的交通事故责任?文章从引入现实生活中的两个典型案例入手,结合案例和好意同乘的理论分析,探讨好意同乘的性质,比较好意同乘与事实行为以及无偿客运合同的异同,在借鉴美国,日本,德国和我国台湾地区对好意同乘的归责原则基础上,建议我国应适应的归责原则,同时根据在好意同乘中出现的不同责任情况讨论其责任承担问题。
[Abstract]:The well-being is very common in daily life, and the dispute over the occurrence of traffic accidents has been more and more in recent years. How should I distribute the responsibility of the traffic accident in the kindness and the ride? Based on the two typical cases introduced in the real life, the article discusses the nature of the well-being by combining the theoretical analysis of the case and the well-being, and compares the similarities and differences between the well-meaning and the fact and the non-gratuitous passenger transport contract, and in the light of the United States, Japan, On the basis of the principle of imputation of well-being in Germany and Taiwan, it is suggested that our country should adapt to the principle of imputation, and discuss its liability according to the different responsibilities that arise in the case of well-being.
【作者单位】： 青海民族大学;
【分类号】：D923
本文编号：2491816
[Abstract]:The well-being is very common in daily life, and the dispute over the occurrence of traffic accidents has been more and more in recent years. How should I distribute the responsibility of the traffic accident in the kindness and the ride? Based on the two typical cases introduced in the real life, the article discusses the nature of the well-being by combining the theoretical analysis of the case and the well-being, and compares the similarities and differences between the well-meaning and the fact and the non-gratuitous passenger transport contract, and in the light of the United States, Japan, On the basis of the principle of imputation of well-being in Germany and Taiwan, it is suggested that our country should adapt to the principle of imputation, and discuss its liability according to the different responsibilities that arise in the case of well-being.
【作者单位】： 青海民族大学;
【分类号】：D923
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，本文编号：2491816
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