20. Assumption of Compensation Liability by the Motor Vehicle: On the Compensation Obligor in Road Traffic Accidents

Christian Von Bar (2001a)

Wang (2001).

Li (1997).

Article 3 Paragraph 1(6) of the Law of Danger Improvement of Austria stipulates, “Halter: use and benefit from the motor vehicle at one’s own risk and own controlling power which is the precondition for use and benefit.” Article 2 Paragraph 2 of the Law of Compensation Liability of Motor Vehicles of Greece stipulates, “The halter of a motor vehicle” refers to the person who is the owner of the motor vehicle, or who occupies the vehicle in his own name according to the contract, or who controls and uses the motor vehicle independently in any way when the accident occurs.” Article 1 paragraph 1 item n of the Road Traffic Law of Holland stipulates that, “The halter is (1) the occupier in virtue of contract (2) the benefited person through use (3) the continuous user in ways different from the owner or occupier of a motor vehicle or a trailer part.”.

Christian Von Bar (2001, p 466).

Yang (2004).

Yang (2008).

Cheng (2006).

Christian Von Bar (2001b)

For example, Article 9 of the Guiding Opinions of the Higher People’s Court of Anhui Province concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury stipulates that “Where an affiliating vehicle causes damage to others in a traffic accident, the affiliated unit (individual) and the actual owner of the vehicle shall bear joint and several liability.” Article 10 stipulates that “after the assumption of compensation liability by the affiliated unit (individual), the unit (individual) is entitled to claim indemnity against the actual owner.” Article 2 of the Guiding Opinions of the Higher People’s Court of Chongqing Municipality concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury stipulates almost the same content as the above. There are also similar regulations in No. 319 [2001] of the Higher People’s Court of Jiangsu Province.

Zou (1990).

For example, article 7 of the Law of Compulsory Automobile Liability Insurance of Taiwan Province stipulates that “Where an automobile meets a traffic accident and causes personal injury or death, regardless of whether the injurer has negligence, the claimant may claim insurance against the insurer or claim indemnity against special compensation fund for automobile traffic accidents of incorporated foundation according to regulations of this law.” Article 16 Paragraph 1 of the Security Act of Motor Vehicle Compensation of Japan also regulates the direct right of claim of the injured person in a road traffic accident against the insurance company that “Where the halter of a motor vehicle bears compensation liability by law, the injured person can claim for compensation in the limit of insured amount against the insurance company according to the regulation”. Section 27 of the Road Traffic Law of 1972 in England also provides the right of direct action of the third party against the insurer.

For example, article 7 of the Guiding Opinions of the Higher People’s Court of Anhui Province concerning the Trial of Cases on Compensation for Personal Injury; article 21 of the Guiding Opinions of the Higher People’s Court and the Public Security Department of Guangdong Province concerning the Trial of Cases on Road Traffic Accidents after the Implementation of Law of the People’s Republic of China on Road Traffic Safety; article 3 of the Guiding Opinions of the Higher People’s Court of Jiangsu Province concerning the Application of Law for the Trial of Cases on Compensation for Traffic Accidents.

Liu (1995).

Article 8 and Article 9 of the Interpretation of the Supreme People’s Court, No. 20 [2003].