Is there any legal benefit to the vehicle without the ownership of the exemption agreement

With regard to the validity of the vehicle waiver agreement, a vehicle waiver agreement without a transfer of ownership is valid, but the non-ownership does not affect the validity of the agreement, but it cannot be used against a bona fide third party.

If the parties have transferred and delivered the motor vehicle by way of sale or other means, but have not completed the registration of the transfer of ownership, and the traffic accident is the responsibility of the motor vehicle, the insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle. For the insufficient part, the transferee shall be liable for compensation. In other words, in this case, if someone finds the original owner, the original owner only needs to show the corresponding evidence of vehicle transfer to exempt himself from liability.

Legal basis: Article 18 of the Provisions on the Registration of Motor Vehicles stipulates that if the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall apply to the vehicle administration office at the place of registration for transfer registration within 30 days from the date of delivery of the motor vehicle.

Before the owner of a motor vehicle applies for transfer of registration, the road traffic safety violations and traffic accidents involving the vehicle shall be dealt with.

It has legal effect, but it is recommended to transfer the ownership, because there is still a risk in changing hands after the next family and the next family. Here are some examples:

Reply of the Supreme People's Court on Whether the Original Owner of a Serial Purchase of a Car Has Not Gone Through the Procedures for Transferring Ownership and Whether the Original Owner Is Liable for the Damage Caused by a Traffic Accident of a Motor Vehicle [2001] Min Yi Ta Zi No. 32 Jiangsu Provincial Higher People's Yuan:

The court received the "Request for Instructions on Whether the Original Owner Bears the Responsibility for the Damage Caused by a Traffic Accident in a Motor Vehicle Without Going Through the Procedures for the Transfer of Ownership of a Serial Car Purchase".

After research, it is believed that the original owner of the car can neither control the operation of the car nor obtain benefits from the operation of the car because the vehicle has been delivered, so the original owner should not be liable for the damage caused by the traffic accident of the motor vehicle. However, if the serial purchase of a car without going through the transfer procedures violates the relevant administrative regulations, it shall be subject to the adjustment of its provisions.

At the same time, according to Article 14 of the Measures of the People's Republic of China for the Registration of Motor Vehicles, after the purchase and sale of a vehicle, the transfer of ownership shall be completed within 30 days from the date of transfer of ownership. You have violated this regulation by signing an agreement without going through the transfer formalities, and according to Article 52, Paragraph 5 of the Contract Law, a contract that violates the mandatory provisions of laws and administrative regulations is a null and void contract. Therefore, the agreement signed between the car owner and you is invalid, and the agreement signed between you and a third party is also invalid.

Therefore, if the driver does not bear the responsibility after the vehicle accident, the owner shall bear it. The person responsible for the traffic accident shall be liable for compensation for the losses caused by the traffic accident. If the driver of the motor vehicle who bears the liability for compensation is temporarily unable to compensate, the driver's unit or the owner of the motor vehicle shall be responsible for the advance.

However, if a motor vehicle driver is responsible for a traffic accident in the course of performing his duties, the driver's unit or the owner of the motor vehicle shall be liable for compensation; The driver's unit or the owner of the motor vehicle may recover part or all of the costs from the driver after compensating for the loss. The contract shall be invalid under any of the following circumstances: (1) one party concludes the contract by means of fraud or coercion, harming the interests of the state; (2) Malicious collusion, harming the interests of the state, the collective, or a third party; (3) Concealing illegal purposes in a lawful form; (4) harming the public interest; (5) Violating mandatory provisions of laws and administrative regulations.

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It doesn't always work, and there are risks. Article 6 of the Property Law of the People's Republic of China provides that the establishment, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

When the vehicle is not transferred, the exemption agreement signed by the two parties may not be valid, and there are certain risks, as follows: 1. It is not possible to buy a car without signing an agreement. 2. However, the original owner is still the actual owner, and even if the agreement is signed, it cannot be used against outsiders.

The original owner of the car needs to bear the responsibility first, and then demand compensation from the buyer according to the agreement. In this way, the original owner is at risk. 3. In addition, the notary office will not accept this kind of agreement if the car is not signed by the owner, because the real right is not transferred in the legal sense.

There are no major accidents, and they are generally safe. If the "new car owner" has an accident, it may not involve the original car owner if it can be solved within the financial affordability of the insurance company or the buyer, but beyond this range, the original car owner needs to bear it from a legal point of view.

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