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Compensation For Damage Of Delay In Performance In Breach Of Contracts For Passenger Transportation

Posted on:2012-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhuFull Text:PDF
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Since the 1990s, with the rapid development of the national economy, urbanization, and modernization, Construction of infrastructural facilities and the quality of services of China's passenger transport have developed rapidly. With this leap, there are more and more breaches of contract in contract for passenger transportation. While more and more passengers have the concept of time and awareness of rights, they make the higher demand in the service quality of contract for passenger transportation, especially in the transportation time. So there are more and more conflict between the passengers and passenger carriers. The most common dispute is the responsible for breach of the contract caused by delay in performance in contract for passenger transportation. However compensation for breach of contract as the most basic, most important and most commonly used form of responsible for the breach of the contract, there are few direct requirements in our country law system.Our existing law system can not protect the legitimate rights of passengers perfectly. It can not effectively promote the carrier to improve service and improve punctuality. This is not only bad for the protection of the legal rights of passengers, but also bad for the healthy development of passenger transport sector in the long run. In order to balance the interests between the passenger carrier and the passenger, protect passenger's right and maintain the health of sustainable development in passenger transport industry, we should perfect the mechanism in compensation for damage of delay in performance in breach of contracts for passenger transportation.This paper attempts to use the basic principles of civil law to analyze the compensation for damage caused by delay in performance in Contract for passenger transportation, and describes the real meaning of the contract delay in performance through the analysis of some contentious issues, which perfects the relevant laws and protects the interest of passengers.This thesis consists of three parts.The first part is the briefing of contract for passenger transportation and its delay in performance. First we introduce the definition of passenger transport contracts, the law contained in the contract relations and passenger classification. Then we introduce the concept and types of delay in performance. At last, we analyze the consequences of delay in performance in contract for passenger transportation.The second part discusses the principle of culpability and constitutive elements of compensation for damage for delay in performance in Contract for passenger transportation. This thesis analyzes the general principles of the applicable principles of imputation and classification, and according to the different requirements of passenger transportation contract, we should apply different principles of liability. Then depending on the responsibility principle, we sum up the different constitutive elements. Finally we elaborate the liability exemptions compensation for damage for delay in performance in Contract for passenger transportation.The third part discusses related issues compensation for damage for delay in performance in Contract for passenger transportation. First, we determine the scope of damage, including the type of damage, the composing of damage and the bases of damage. Then we describe the principles for damages, including the principle of full compensation, the principle of reasonable foresee ability and so on. Finally we analyze the controversial views on compensation of mental damages, and we conclude that it is not suitable to make compensation for moral damage in compensation for damage for delay in performance in Contract for passenger transportation under China's current environmental laws and regulations and the rule of law.
Keywords/Search Tags:Contract for passenger transportation, Delay in performance, Principle of culpability, Constitutive elements, Compensation for damage, Responsible for breach of contract
PDF Full Text Request
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