World Tourism Day 丨 Onlookers on the suburban self -driving tour series, legal tips will help you sort it out!

World Tourism Day

Onlooker Self -driving Travel Series

The legal tips helped you sort it out!

September 27th is the World Tourism Day. During the prevention and control of the epidemic. Compared with a long -distance domestic tour, people will choose to travel self -driving in the suburbs, which can relax both and facilitate the implementation of the prevention and control requirements of the epidemic. Xiaojia, Xiaoyi, and Xiaobing are three good friends. Xiaojia has his own car. He often carries the other two suburbs. However, some unpleasant things happened between the three recently, let us explore the original legal committee.

Vol.01

1. Xiaojia is in a hurry, Xiao Yi is injured accidentally

On the weekend, the three people and other three people drove to the suburbs. On the way, Xiaoli was not focused on the road. When passing by a rapidly turning band, it was not able to respond. A sudden brakes almost hit the flower bedside, sitting on the small Bit head of the back seat. He repeatedly hit the front seat. Xiao Yi touched the bleeding forehead and was very angry. He asked Xiaojia to be responsible for medical expenses. Xiaofa thought that he had no fault and should not be compensated.

Judge

Relatives and friends to use weekend holidays to meet the suburban self -driving tour is currently a relatively common way to travel. During driving, it may cause injuries to the passenger due to improper driving. Xiaojia took the self -driving tour in the suburbs of Xiao B and Xiaobing. The attention was not concentrated during the driving process.

According to the provisions of Article 1217 of the Civil Code, if a traffic accident in non -operating motor vehicles causes the damage to people for free, it belongs to the responsibility of the motor vehicle party, and it shall reduce its liability for compensation, except that the use of motor vehicles that have intentional or major negligence. Essence

Therefore, Xiajia can negotiate with Xiao Yi to appropriately bear a certain medical expenses of Xiao Yi. If the negotiation is not achieved, according to the circumstances of this case, the liability for compensation of Xiaojia should also be reduced.

Vol.02

Second, Xiaobing drove without a license and accidentally hit the tail of others

On the weekend, the three people and other three people met again in the suburbs to travel by self -driving. Borrowing Xiaobing's friend Xiaoding's car, Xiaoding knows that Xiaobing still lent the car to Xiaobing without a driver's license. Xiaobing confident that there is no problem in driving. As a result, during the driving process, during the driving process Due to operational errors, a luxury car ahead was rearred. It was determined that Xiaobing was fully responsible.

Judge

According to Article 1209 of the Civil Code, when a traffic accident is caused by the same person, the manager and the user of the motor vehicle owner, the manager and the user of the motor vehicle and the use of the person in the case of the motion vehicle, Responsibilities of compensation; if the owner and manager of the motor vehicle and the manager are faulty, the corresponding compensation liability is assumed.

As a vehicle user, as a vehicle user, he should bear all the responsibility for the accident and should bear the liability for compensation. As a friend of Xiaobing, Xiaoding knows that Xiaobing has no driver's license, and still lent the vehicle to Xiaobing for driving. Take the corresponding compensation liability.

Vol.03

Third, the car rental in the suburbs of self -driving, the delivery of the vehicle is defective

On weekends, the three people and other three people planned to meet their own driving tour to participate in the annual weekend food festival in the suburbs. The three of them found the vehicle for a car rental company. As a result, the vehicle broke down on the road because the car rental company was delivered to the three people's vehicles. There was a quality problem. The car rental company had not been repaired.

Judge

According to Article 708 of the Civil Code, the lessor shall deliver the leased property to the lessee in accordance with the agreement, and maintain the use of the agreed use in the lease period; The liability for breach of contract shall bear the liability for breach of contract in accordance with the agreement of the parties. If there is no agreement or an agreement on the liability for breach of contract, if it is still not determined in accordance with the provisions of Article 51 of this Law, the damage party can reasonably choose to request the other party to bear the repair, re -work, replacement according to the nature of the target and the size of the losses. , Returning, reducing price or remuneration, liability for breach of contract. Article 510 of the Civil Code stipulates that after the contract is effective, if the parties have no agreement or the agreement or the agreement is not clear, the parties may be supplemented if they cannot reach supplementary agreements if they cannot reach the relevant terms or trading habits in accordance with the relevant terms of the contract or the transaction habits cannot be reached. Sure.

Therefore, the three people and other people may ask the rental company to bear the liability for breach of contract.

Vol.04

Fourth, self -driving car rental, the vehicle is damaged on the way

On the weekend, the three people and other three people finally rented a friend Wu's car for self -driving tour in the suburbs. As a result, the vehicle broke down on the way, and helplessly had to contact Wu. It happened that Wuzheng was renting his friend's car nearby. The transfer was transferred to the three people such as Xiaofa. During the driving process, the flying stones smashed the windshield.

Judge

According to Article 716 of the Civil Code, the lessee can be transferred to a third party with the consent of the lessor. If the leaser is transferred, the lease contract between the lessee and the lessor continues to be effective; if the third party causes the leased property loss, the lessee shall compensate for the loss.

Wu was transferred to three people such as Xiaoli with the consent of a friend. Although it caused the vehicle damage during the driving process of the small Jia, the lease contract relationship between the Wu and the friend still needs to bear the liability for compensation.

Supply: Beijing No. 1 Middle School

Author: Ju Wei

Edit: Fang Shuo Yao Rihui

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