Fa is around you | Let the driver be responsible for taking the ride and the injury of the ride, do you take the driver?

▲ Fa is the thirteenth episode by you

Case introduction

Kobayashi: Why are you going?

Xiao Wu: Not to mention, I want to go back to my hometown for a long time, but I did n’t fight on this carpool. No, even if you can't go anymore, don't go back. Why do you go back?

Kobayashi: I also go home, or let you go together!

Xiao Wu: Then why do you go?

Kobayashi: I also drive.

Xiao Wu: Really false?

Kobayashi: Really!

Xiao Wu: Are you convenient? Drop me?

Kobayashi: convenient and convenient, walk away!

Xiao Wu: Thank you! Thank you, brother!

Kobayashi: Who?

Xiao Wu: Xiao Wu!

Kobayashi: Come. Xiao Wu, why are you here?

Xiao Wu: There is something to talk to you to talk about.

Kobayashi: Come, go into the house!

Xiao Wu: Okay!

A few days ago, the two accidentally happened on the way back to my hometown by car.

Passenger Xiao Wu believes that the driver Kobayashi is not cautious enough to cause himself to be injured and should bear all the medical expenses. But Kobayashi was very aggrieved. Is it necessary to take responsibility for others to take a ride for free?

Expert Reviews

Zhu Hu, a professor and doctoral supervisor of the School of Law School of Renmin University of China, Director of the Civil Law Research Association of the Chinese Law Society

In the case, the occurrence of a traffic accident was caused by the fault of Kobayashi. Kobayashi should bear the liability for compensation for Xiao Wu, but the liability for compensation should be reduced. Because Kobayashi is kind to let Xiao Wu take his own car for free, belongs to a friend who helps each other and helps others. According to the rules of "good intentions" stipulated in Article 1,217 of the Civil Code, as long as the driver does not intentionally and major faults, it should reduce its liability for compensation. This is conducive to encouraging everyone to help each other and promote the traditional virtue of helping others. However, if the driver has intentionally or major faults of the accident, he cannot reduce his liability for compensation; even if the driver does not intentionally and major faults, it can only reduce the liability for compensation. Therefore, while helping everyone to help others, we must always put the rules of traffic in the first place, drive carefully, and pay attention to driving safety. Passengers also have to raise awareness of safety.

Correlation

"People's Republic of China"

Article 1,217 If a traffic accident occurs in a non -operating motor vehicle, it will cause the damage to the people for free. If it belongs to the responsibility of the motor vehicle, it shall reduce its liability for compensation, except for the intentional or major negligence of motor vehicles.

"Fa on your side" three -minute case said that the Civil Code

The series of short videos is here ~

In order to thoroughly study and implement Xi Jinping's thoughts on the rule of law, especially General Secretary Xi Jinping's important instructions on strengthening the study and propaganda of the people's codes, so that the Civil Code to the people of the masses and the people of the masses. The "Public Propaganda Plan for the" Better Life · Civil Code of the Civil Code in 2022 "issued by the Pu Law Office requires that the" Pu Fajun Studio "organization records the three -minute case of the" Fa around you "and said that the Civil Code series of short videos, from May 28 From the beginning, the first season was launched in the WeChat public account of China Pu Fa.

Short video selection of typical cases that happened to ordinary people to simulate the scene, invite judges, legal experts, lawyers, etc. to explain the spirit of the Civil Code in a way to explain the spirit of the Civil Code in a way of seeing the masses, and make the rule of law a social consensus and basic criteria.

Thanks for watching

Source: Chinese Fa Law

Produced by Pufajun Studio

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