mbt scarpe italia On the linked vehicle traffic ac -

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On the linked vehicle traffic accident has been linked with damage compensation dispute, the civil liability

The foregoing analysis, the reason should be linked to the victim who bear civil liability. Because of its lending business to the affiliated persons of intelligence and their illegal business risks with the affiliated association, rather than on who was linked with the benefits obtained due to the presence or absence of linked behaviors and the amount of: On the other hand, under joint and several liability principles, If the person is linked to the victim bear the full liability, which may, in accordance with the internal relations between linked to the linked exercise right of recovery. Indeed, people may be linked with the right of recourse to bear the risk can not be achieved, however,[link widoczny dla zalogowanych], with innocent victims bear the risk compared. This is still more reasonable. (B) that on the Draft of Some of the first. Draft of the theoretical basis that not very appropriate. Those who said that advance responsible. Responsibility is linked with the person who advances the theory is based on principles of vicarious liability. 【8, the so-called vicarious liability. Or indirect liability, also known as vicarious liability, in tort law is responsible for the behavior of others the special form of tort liability. Generally, vicarious liability has the following characteristics of the main aspects of the law. 1. Vicarious liability person (vicarious liability cases) and has a specific relationship between the virulence (expressed as membership, employment, guardianship and other personal relationship), and vicarious liability in that particular relationship with the dominant character in the status (eg, legal status of its management staff). 2. People in the virulence and the two special duties such as [8] with the note [1]. [9] Wang Liming, Yang Lixin: Be related to the state of relations 3. Obligation of reparation is not the main virulence, but instead responsible. The virulence divorced from the people and responsible. [9] are more typical of vicarious liability, the state organs of state personnel on duty in the tort of vicarious liability. Guardian of a ward of vicarious tort liability, and employers of employees engaged in employment activities in violation of vicarious liability. While anchored between man and is also linked with a specific relationship (ie, anchored relationship), but the relationship does not have membership, employment, guardianship and other characteristics of identity relations. And is anchored in relation to the affiliated person affiliated with the disposable nature of the position is not. Vicarious liability is different from the responsible people and relationships. Vicarious liability and therefore can not apply the principle to deal with vehicles affiliated persons are affiliated persons and the relationship between the third person. In fact,[link widoczny dla zalogowanych], anchored vehicle traffic accident damage compensation dispute, the vehicle driver (ie virulence people) and vehicles linked with the relationship between vicarious liability is the real relationship. Secondly, the Draft of the right to say no to the benefit of victims of relief. If adopted the Draft of that, then people will be linked with vicarious liability is the legal position. According to the principle of vicarious liability, regardless of affiliated people and was linked with people who are more solvent, the right to compensation can only be linked to human rights advocates. Can not be linked directly to human rights advocates. Obviously, the Draft of joint and several liability, said that as more conducive to protection of the rights of victims. Third, people from the first bear to be linked to advance accountability means responsibility. Aggravated by over-affiliated person's civil liability. In comparison. Any order to be linked by the affiliated person jointly and severally liable with,[link widoczny dla zalogowanych], it is more reasonable and more appropriate Fourth, those who oppose the application of the Draft of joint and several liability point of view one of the main reasons is. The law does not specify this. I believe that. The reason is clearly wrong person to be linked to form civil liability problems are controversial,[link widoczny dla zalogowanych], because the law has always been the absence of express provision. Otherwise uncontested possible and necessary. Indeed, with regard to vehicle traffic accident disputes linked to be linked to whether the question applies to joint and several liability, there is no express provision. But this does not prevent the development of law and in accordance with relevant legal theory, the use of the loopholes of the method. The referee reached for joint and several liability rules. And, in fact. Views are also held responsible to advance consciously or unconsciously, the law applicable to the use of the analogy method, namely: the juridical persons and their staff vicarious liability for vehicle to be linked by analogy between man and affiliated people. But, the analogy is not very appropriate to use it. IV Conclusion To sum up. I believe that, in the case of vehicle traffic accident damages affiliated dispute cases. Using more appropriate view of joint and several liability. Far as to dispute the above terms. If the victim requires antagonism C jointly liable for Transport, Transport Company and B should be a decree bear joint and several liability. Of course, the vehicle was linked with the view jointly and severally liable. May have been linked with excessive increase of people suspected, but the civil liability. In terms of our current legal system and the spirit, or from the effects of case management and social effects of legal terms. And limited liability joint and several liability and disbursements, said that compared. Joint and several liability point of view seems to be more adequate for the collection. (Author: Shandong Provincial Higher People's Court) 1
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