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The Improvement Of The Internet Action Legal Rules

Posted on:2014-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:Z X YeFull Text:PDF
GTID:2256330425976619Subject:Law
Abstract/Summary:PDF Full Text Request
In tegratio of modern logistics,warehousing,stribution, transportation and other sectors,convenient our lives, however, the circulation of goods in the unpredictable, due to theoccurrence of goods damaged or lost due to sharp increase in compensation disputes, contractlogistics services in ubiquitous " insured limit compensation clause" in the case, how to applythe rules to determine the predictability of the range of goods for damages? Although China’s"Contract Law"113provides foreseeability rule, however, after the establishment of therule,the legislature broad generality and theoretical studies of scattered, has been unable tologistics cargo damages trial practice to provide an effective operating standards, therefore,the foreseeability rule theoretically systematic research, especially the analysis offoreseeability rule in determining damages in freight logistics specific application is necessary.In this paper, real cases and judicial practice judgment, analyze and protect the price of itsprovisions on rules of foreseeability, foreseeability rule on damages in freight logistics scopeof computing standards and other aspects are discussed and put forward their point of view,hoping path for the referee to provide a reference.This paper is divided into four parts:The first part, mainly through three typical cases of logistics cargo damages judgmentintroduction, leads to damages for freight logistics in the predictability problem.The second part of the value system of foreseeability rule, legal elements, etc. Analysisof theoretical depth analysis foreseeability rule in the logistics cargo damages applicability.The third part, mainly for logistics and freight damages insured prevalent in terms of itsprovisions from the insured, regulation, etc., discussed insured foreseeability rule terms andrelationships in the logistics cargo foreseeability of damages issues analysis.The fourth part, specific analysis of damages in freight logistics in terms of efficiencyand protect the price valid and invalid cases, respectively, how it should be appliedforeseeability rule, and the foreseeability of damages applicable rules in the logistics of thespecial issues, such as the third-party payment of the liquidated damages, compensation, lossof profit production, mental damages, whether foreseeable range for analysis.
Keywords/Search Tags:VALUATION CLAUSE, COMPENSATION FOR DAMAGE, FORESEEABILITY RULE, APPLY
PDF Full Text Request
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