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On The Commercial Law Adjustment Of The Third Party Logistics Contract

Posted on:2020-12-15Degree:DoctorType:Dissertation
Country:ChinaCandidate:W HanFull Text:PDF
GTID:1366330605450432Subject:Commercial Law
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The logistics industry in today's world has entered the era of "third-party logistics".Third-party logistics is an integrated,systematic and personalized new business service model,which originated from the outsourcing needs of enterprise logistics business.However,the development of third-party logistics in Western countries has entered a mature stage.China's third-party logistics is still in its infancy.Not only has theory and practice not yet reached a consensus on the concept of third-party logistics,but the adjustment of legislation to third-party logistics has also shown Fragmentation,low level of legislation,and lack of pertinence.As far as the third-party logistics contracts are concerned,the third-party logistics contracts are long-term,dynamic,complex,informative,programmatic and specific,which are commercial contracts.Since the adjustment of civil and commercial laws differs in basic principles,main rules,behavior rules,and liability rules,the adjustment of third-party logistics contracts should be completed by commercial law.Based on the analysis of the elements of the contract and the different stages,the commercial particularity of the third-party logistics contract and the limitations and legal improvement requirements of the existing laws related to it are obvious.The first is the commercial particularity of the third-party logistics contract.Unlike general civil contracts,third-party logistics contracts are mainly concluded through competition contracting and contracting.Among them,the competition contracting of the third-party logistics contract mainly adopts the bidding and tendering methods.The rules of the Contract Law and the Tendering and Bidding Law cannot meet the commercial law adjustment requirements of the third-party logistics contract.For the contracting of third-party logistics contracts,the Contract Law has deficiencies in the provisions of the format contract user,the format contract contracting process and results,and the"battle of the forms".The second is the commercial particularity of third-party logistics contract fulfillment.The third-party logistics contract is often a contract executed by a third party and a contract performed by a third party.For such contracts,what should be done when the inspection and performance standards are inconsistent,and whether there are contractual obligations between different third parties,there is no clear provision in the current legislation.The third is the commercial particularity of third-party logistics contract changes and transfers.Because the third-party logistics contract has the characteristics of openness and continuity,so for the improvement of the third-party logistics contract,the legislation should start from two aspects:improving efficiency and respecting business judgment.The fourth is the removal of third-party logistics contracts.There are many commonalities between the termination of third-party logistics contracts and general civil contracts.However,in terms of rules such as notice cancellation,arbitrary release and non-arbitrary release,third-party logistics contracts need to be distinguished from general civil contracts,especially the arbitrary cancellation system.For the third-party logistics contracts,the arbitrary cancellation system should be restricted.The fifth is the commercial particularity of the termination of third-party logistics contracts.The termination of third-party logistics contracts needs to focus on solving the problem of legal application when there is a conflict between trading habits and civil general law,and pay attention to the application of interactive computing rules.The sixth is the commercial particularity of third-party logistics contract responsibility.Third-party logistics contract defaults have commercial particularity from the principle of liability,the form of liability system,the scope of compensation,the limitation of liability compensation to the period of liability.The liability system of third-party logistics contracts is an independent commercial responsibility system.In view of the current improvement of the legal norms of third-party logistics contracts in China,there are theoretically three separate positions on the Third Party Logistics Law,the improvement of existing legal norms,and the naming of third-party logistics contracts in the Contract Law,where the third-party logistics contract should be named is the best choice.Starting from the commercial particularity of third-party logistics contracts,the specific schemes for the nominalization of third-party logistics contracts should include the selection and definition of normative concepts,the legal status clauses of the contractual entities,the terms related to contract formation,the terms related to contract performance,the terms relating to changes and transfers in contracts,provisions relating to the termination of contracts,provisions relating to the termination of contracts,provisions relating to contractual responsibility.
Keywords/Search Tags:Third-party logistics contract, conclude a treaty, fulfilment of contract, the change and transfer of the contract, dissolution of contract, termination of a contract, contractual responsibility
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