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On The Validity Of The Clause Of The Limitation Of Compensation

Posted on:2016-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:X LiangFull Text:PDF
GTID:2206330461987767Subject:Law
Abstract/Summary:PDF Full Text Request
Restrictive indemnity clause as a typical format of the terms and conditions, and they are widely used in today’s society from the early maritime transport to the railways, air transport, with the development of social science and technology, restrictive indemnity clause has been used in insurance, finance, postal and other emerging industries. Express as a developed on the basis of the postal industry emerging industries, restrictive indemnity clause also widely used to deal with business risk in most countries. Often delivery company use the restrictive indemnity clause as a format terms and conditions,and printed it at the back of express a single "use guidelines" and "express service agreement" and "express waybill contract clause" format of the contract, combined with the lack of legislation for the industry, causing all sorts of express disputes appear frequently, consumers’ rights and interests is difficult to guarantee. Restrictive compensation for losses arising out of the terms of the effectiveness of the problem and the referee is differ, the phenomenon of high appeal. This article from the Courier company limit compensation efficiency of format terms, study and draw lessons from foreign express industry legislation, combined with the reality of our country, explore the express company in China limit the effectiveness of the compensation standard term problem, put forward the specific factors that influence the effect problem in order to seek to protect consumers’ rights and interests and the balance of the express company development.
Keywords/Search Tags:Restrictive compensation, The principle of imputation, The burden of proof
PDF Full Text Request
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