GENERAL PROVISIONS ON COMPENSATION FOR DAMAGE CAUSED BY VEHICLE AS A SOURCE OF HIGH RISK
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 57, Issue 3
Abstract
We study the general provisions on compensation for damage caused by a vehicle as a source of increased danger. Analyzed the current legislation, it is determined that the damage caused by the source of increased danger shall be compensated by a person who at the relevant legal basis (ownership, other property law, contract for services, rent, etc.) owns a vehicle mechanism, another object, use , storage, or the contents of which creates a heightened danger. A person who unlawfully took possession of the vehicle, mechanism, another object harmed by its use of activities, storage, or maintenance is required to compensate it on general grounds. If the misappropriation of another person vehicle, mechanism, another object contributed to the negligence of its owner (owner), the harm caused by the activity on its use, storage or maintenance, be compensated by them jointly, in part, determined by the court taking into account the circumstances of a significant value. The person performing the activity that is the source of increased danger, is responsible for the harm if it proves that the damage was caused by force majeure or intent of the victim. It should be noted that the civil liability for harm caused by the activity, which is a source of increased danger, occur in the case of determination (for example, the use of vehicles for their intended purpose), as well as the spontaneous manifestation of harmful properties of objects used in this activity (for example, in the case of damage resulting from inadvertent movement of the car). In other cases, the damage is compensated on general grounds stipulated by Article 1166 of the Civil Code, the person who caused the damage (for example, when the passenger, opening the car door, not moving, he caused injuries a person held a number).
Authors and Affiliations
Vladimir Buga, Anna Buga
Keywords
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