The other party s drunk driving car is borrowed, can I keep his car with property?

Updated on society 2024-05-06
8 answers
  1. Anonymous users2024-02-09

    Yes, both pre-litigation and litigation preservation may be applied.

    Pre-litigation preservation refers to pre-litigation property preservation, and if an interested party does not immediately apply for property preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court for property preservation measures before initiating litigation.

    Article 101 of the Civil Procedure Law of the People's Republic of China (PRC) Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with the place where the property subject to preservation is located, the domicile of the respondent, or the people's court with jurisdiction over the case to take preservation measures before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

    Litigation preservation, also known as property preservation, refers to the protective measures taken by the court ex officio to prevent the parties (defendants) from transferring, concealing, or selling the property before making a judgment, so as to ensure that the judgment can be smoothly enforced after it takes effect in the future.

    The Civil Procedure Law also stipulates that when a judgment may be unenforceable or difficult to enforce due to the conduct of one of the parties or other reasons, the other party may apply for litigation preservation in order to ensure that the judgment made in the future can be enforced, or to avoid property loss.

  2. Anonymous users2024-02-08

    Yes, the owner of the vehicle and the driver are jointly and severally liable.

  3. Anonymous users2024-02-07

    Legal analysis: 1. If the accident certificate is issued, the traffic police will be considered to have dealt with it, and you can buy insurance for annual inspection. 2. If the other party does not pay, you can also pay and directly claim with the other party's insurance company, but it is more troublesome.

    3. Sue the other party. 4. If you have purchased car damage insurance, you can let your insurance company compensate first, and then find the other party to compensate.

    Legal basis: "Civil Procedure Law of the People's Republic of China" Article 119: The following conditions must be met for a lawsuit: (1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case, (2) there is a clear defendant, (3) there are specific litigation claims and facts, and reasons, and (4) it is within the scope of the people's court's acceptance of civil litigation and the respondent knows that the court has jurisdiction over the civil lawsuit.

  4. Anonymous users2024-02-06

    If the other party is not the owner of the train as a co-defendant, the other party cannot apply for property preservation of the car.

    Code of Civil Procedure

    Article 100: People's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts, in cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

    The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application.

    After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.

    Article 101: Where an interested party's lawful rights and interests will be irreparably harmed if they do not immediately apply for preservation due to an urgent situation, they may apply to the people's court for the place where the property subject to preservation is located, the domicile of the respondent, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration. The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.

    Where the applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court adopts the preservation measures, the people's court shall lift the preservation.

  5. Anonymous users2024-02-05

    If the owner is responsible, the car can be saved.

    Otherwise, you can't.

  6. Anonymous users2024-02-04

    Of course, you can, but only if you go through the courts.

  7. Anonymous users2024-02-03

    The other party is fully responsible for the traffic accident, and the other party cannot protect the vehicle of the non-responsible party. Because the non-responsible party is not liable, there is no need to compensate the fully responsible party for the loss.

    Even if the application is made, the court will not agree to grant preservation after examination because the evidence is insufficient.

    Article 100 of the Civil Procedure Law: In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the other party, rule to preserve the property, order the party to perform certain acts, or prohibit the party from doing certain acts; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

  8. Anonymous users2024-02-02

    Find a lawyer to sue him, remember his license plate number and tell the lawyer and I'll do it for you.

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