《民法典》视野下借名登记机动车侵权责任的承担

Liability-taking for Tort of Motor Vehicle Registration by Name from the Perspective of the Civil Code

随着各大城市陆续出台机动车限购政策,借名买车现象日益普遍,由此也引发了出名人是否需要对机动车交通事故承担责任的问题,司法实践的立场并不一致。借名买车行为既不同于机动车租赁、借用行为,也不同于机动车挂靠行为,不宜依据机动车租赁、借用以及机动车挂靠的规则认定出名人的责任。在借名买车的情形下,机动车所有权归属于借名人,出名人对机动车既不享有运行利益,也不享有运行支配,原则上不宜对机动车交通事故承担责任。在例外情形下,如果出名人的行为开启了机动车的危险源,则其应当对机动车交通事故承担责任。

The phenomenon of purchasing an automobile by the name of others has become increasingly widespread as the rise of promulgations of automobile purchase restriction in major cities, which has also raised the issue of whether the party offering his name should be liable for traffic accidents. There are different standpoints among judicial practices. The behavior of purchasing an automobile by the name of others is neither the same as automobile leasing or borrowing, nor as automobile affiliation. Therefore, the rules about liability in the automobile leasing, borrowing and affiliation are not applicable to the name provider. Furthermore, in the case of purchasing an automobile by the name of others, the ownership right of the automobile belongs to the name borrower, the name provider has neither operational benefit nor operational control over the automobile. Therefore, the name provider shall not be liable for the traffic accident in principle, except that the name provider himself trigger the danger source of the automobile.