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买卖并已交付未办理所有权转移登记的机动车发生交通事故致人损害,属于机动车一方责任的承担问题,存在争论。学者大多认为应由机动车的现持有人即买方承担责任,卖方无需承担责任;在司法实践中也存在这样的解释和判例。但事实复杂远非想象,实践中出于公平以及受害人权利救济的充分实现的考虑,应根据不同的情况区分双方承担责任的方式。一般情况也就是在卖方没有过错的情况下,应由买方承担责任,卖方无需承担责任;而在卖方存在足以致使交通事故发生或者造成受害人权益损害的情况时,卖方应根据不同情况与买方承担连带责任或者补充责任。
It is debatable whether it is a matter of the undertaking of one side to buy, sell and deliver motor vehicles that have not been registered for the transfer of ownership for causing damage due to traffic accidents. Most scholars believe that the current holder of the motor vehicle should be responsible for the buyer, the seller does not need to assume responsibility; in judicial practice, there are such explanations and precedents. However, the reality is far from being imagined. In practice, due consideration for the full realization of fairness and remedies for victims’ rights should be based on different situations to distinguish the ways in which both parties assume their responsibilities. Generally speaking, the seller should bear the responsibility without any fault on the part of the seller, and the seller should not be held responsible. If the seller has sufficient conditions that may cause an accident or damage the rights and interests of the victim, the seller shall, according to different circumstances, bear with the buyer Joint responsibility or additional responsibility.