未办理所有权转移登记的机动车损害赔偿责任研究——对相关争论的归顺与反思

Study on the Liability in Unregistered Automobile Traffic Accident Compensation Damages

买卖并已交付未办理所有权转移登记的机动车发生交通事故致人损害,属于机动车一方责任的承担问题,存在争论。学者大多认为应由机动车的现持有人即买方承担责任,卖方无需承担责任;在司法实践中也存在这样的解释和判例。但事实复杂远非想象,实践中出于公平以及受害人权利救济的充分实现的考虑,应根据不同的情况区分双方承担责任的方式。一般情况也就是在卖方没有过错的情况下,应由买方承担责任,卖方无需承担责任;而在卖方存在足以致使交通事故发生或者造成受害人权益损害的情况时,卖方应根据不同情况与买方承担连带责任或者补充责任。

There＇ s controversy about the liability in unregistered automobile traffic accident compensation damages. Most scholars tend to believe that the holder who is the buyer should be responsible for the damages, the seller need not take responsibility; there is also such an interpretation and jurisprudence in the judicial practice. But the fact is far from being complicated to imagine in practice for the sake of fairness, as well as relief to the victims of the full realization of the right to consideration, should be based on the two sides to distinguish between different circumstances responsible manner. In the general situation, that is no fault of the seller, the buyer should be responsible for, the seller need not take responsibility; and there is sufficient to result in the seller or the occurrence of traffic accidents caused by damage to the victims of the rights and interests of the situation, the seller should be based on different situations and the buyer jointly and severally liable, or added responsibility.