论友情借用机动车肇事的赔偿责任主体

随着私用家庭轿车逐渐成为日常的交通工具,亲友、同事之间因一时之需而借用车辆之事常有发生。如何确定友情借用机动车肇事的责任主体,不仅在理论上有很大争议,而且也是交通事故赔偿案中的新难点。根据运行支配和运行利益的关联性理论,友情借用机动车发生交通事故应由借用人承担责任。

On the Liability Subject for Compensation in Traffic Accidents by the Vehicles Borrowed from Friends

As the private cars gradually become the daily traffic vehicle,the borrowing activity between relatives,friends and colleagues often take place.As a result,how to determine the subject of liability for compensation in the traffic accidents by the vehicles borrowed from friends becomes a heated topic.There exist disputes in theory and also it is a new knotty issue in compensation for damages in traffic accidents.In accordance with the correlativity theory of operational disposition and benefit,the borrower shall undertake the liability.