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The company's car in a car accident on his way out,http://yanba.cc/thread-318484-1-1.html, one person died on board. After the company to compensate the families of the deceased, the driver to court, make recovery. Yesterday, the case in Shapingba District Court.
It is understood that the case system implemented July 1 Tort Liability Act, the Chongqing first case brought before the court in the case.
The company lost money to the driver and then recover
On the afternoon of April 20 this year, 41-year-old to a certain driving Chongqing Building Decoration Engineering Company Limited (hereinafter referred to as the decoration company) car to Zunyi work on Sea highway and hit the road on the left guardrail after rollover, the car Maying Xiong passengers died on the spot,http://bbs.hdletgo.com/forum.php?mod=viewthread&tid=6615425,woolrich outlet, vehicles damaged. Guizhou police identified, should bear full responsibility for the accident to a.
After consultation, decoration company 380,000 yuan compensation to the bereaved parents. June 18, a decoration company will be prosecuted to the Shapingba District Court, recover 415,http://www.ulvmap.com/home.php?mod=space&uid=27120,000 yuan compensation. August 9,giubbotti woolrich,http://tb.lygbike.com/home.php?mod=space&uid=702535, to commit a traffic crime, was sentenced to one year imprisonment, suspended for two years.
Employees bear responsibility for the accident employer
Yesterday, Shapingba District Court hearing the case. Court, not the company to certain employees, the company is entitled range recourse, the company's recourse to become the focus of the three major controversy.
"Tort Liability Act," Article 34 is clear: the staff of the employer due to perform tasks causes damage to others, tort liability by the employer. "People's Republic of China Tort Liability Act and applicable provisions of the understanding," said the employer regardless of whether there is fault,louboutin homme pas cher, the employer must take responsibility. But there is also a limit condition that only staff in carrying out tasks cause damage to others, the employer was liable for infringement.
If not perform tasks harm to others,giubbotti moncler, the employer is not liable for infringement.
Whether the employer has a right of recourse
For the employer's right to recover, "Tort Liability Act,http://www.leyoushi.com/forum.php?mod=viewthread&tid=17863,scarpe hogan,http://bbs.xintairencai.com/home.php?mod=space&uid=4525," there is no provision,http://www.baishiquan.com/bbs/forum.php?mod=viewthread&tid=292656, but in consideration of "Tort Liability Act," the process, the Law Committee of the NPC this to be explained: "Repeated studies considered by the authorities, in what case can recover, the situation is more complicated ...... "Tort Liability Act," it is difficult to make general provisions. between employers and their staff as well as for personal services take place on the controversial issue of recovery,http://oahqo.com/home.php?mod=space&uid=12724, should be treated by the people's court according to the specific circumstances of the trial. "correspondent Tang Zhongming |
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