Wuhu Shunfeng Clickthings Rental Ltd.Wuhu Shunfeng Clickthings Rental Ltd.
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How to identify the lease liability

&Nbsp;    lease of motor vehicles can be roughly divided into two cases: one is called the car rental, rental operators will lease the car delivery within the agreed time the lessee's use, charge a leasing fee, does not offer driver service mode of operation. Second, the lease and the lessee agreed to provide rental vehicles and driving services to tenants and charge a leasing fee. For example, wedding car rental companies send their drivers for the tenant driven wedding cars. &Nbsp;

     in second species case Xia, although name for "rental" contract, actually for labor contract, dang was rental of motor vehicle occurred traffic accident to people damage Shi, certainly should by car rental company according to employers responsibility bear responsibility, or according to personal damage compensation explained 9th article provides, employees for deliberately, and major fault of case Xia, should and employers bear joint compensation responsibility. Trial practice in this case liability is not an argument. Problem is that in the first case using leasing, which only offers rental vehicles and driving services. When using a rental motor vehicle damages determining the subjects of, trial practice, there are different points of view.

     the first view is that motor vehicle lessor and lessee shall bear joint and several liability for the damage, but if the lessor for damage occurred through no fault of its compensation to the lessee is entitled to recover. Published by the national people's Congress of the People's Republic of China part o the draft civil law tort liability is also taken that view, the series article 27th paragraph 1th: "leasing, lending during the operation of a motor vehicle causing damage to others, the owner of the vehicle and the lessee or borrower bear joint and several liability. The owner of the vehicle was not at fault for damage, compensation to the victims, to the lessee, recourse against the borrower. ”

     the second view is that should the lessee shall bear liability in principle, but the lessor for damage when a fault occurs, such as knowing that the lessee has no driver's license and car rental to others to conceal vehicle defects or rented to others. Lessor and lessee's joint and several liability for damage in traffic accidents. For example, under the Jiangsu provincial higher people's Court on stolen motor vehicles after the accident who is liable for damages and other provisions of the approved vehicles all vehicles rented to others during use, the lessee's use of the vehicle accident should bear joint and several liability of the lessor and the lessee.

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