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《侵权责任法》第51条是关于“转让人和受让人对以买卖等方式转让拼装或者已经达到报废标准的机动车,发生交通事故造成损害承担连带责任”的规定。从文义上看,仅限于以转让方式而使用,仅适用于拼装、报废机动车,如何理解其内涵,涉及到法律适用问题。本文试从立法目的和规范体系的角度进行考量以明晰此条的适用范围。
Article 51 of the Tort Liability Act deals with the stipulation that “the transferor and the assignee shall jointly and severally liable for the damage caused by the traffic accident to the motor vehicle that has been assigned or scrapped or has been scrapped by means of sale or purchase”. From a literary point of view, limited to the use of the transfer mode, only for assembly, scrapped vehicles, how to understand its meaning, involving the application of the law. This article tries to consider from the perspective of legislative purposes and normative system to clarify the scope of this article.