Vehicle Party's Non-fault Compensation Liability in a Traffic Accident
Nan Xie
Abstract
Nan Xie
Abstract
There is no definite stipulation on who is the so-called who should undertake the non-fault liability according to the current laws in our country.The authors in this article reach the conclusion that the keeper,decided by the two criteria of actual control and transportation interest,has the obligation to compensate the victim by analyzing the theoretical basis of the dangerous theory.In addition,the confirmation of the subjects with the duty to compensate is discussed in detail in several typically existed situations.By contrast of the commercial third party liability insurance and the compulsory third party liability insurance of the vehicle party,the compensation duty of the insurance company is also studied.
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There is no definite stipulation on who is the so-called who should undertake the non-fault liability according to the current laws in our country.The authors in this article reach the conclusion that the keeper,decided by the two criteria of actual control and transportation interest,has the obligation to compensate the victim by analyzing the theoretical basis of the dangerous theory.In addition,the confirmation of the subjects with the duty to compensate is discussed in detail in several typically existed situations.By contrast of the commercial third party liability insurance and the compulsory third party liability insurance of the vehicle party,the compensation duty of the insurance company is also studied.
Key concepts: Stipulation, Liability insurance, Liability, Compensation (psychology), Third party, Duty, Business, Accident (philosophy)