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Legal Analysis Of The Contract Dispute About Wang Haiqing With A Branch Of Shentong Express

Posted on:2016-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:J JiangFull Text:PDF
GTID:2336330473467369Subject:Law
Abstract/Summary:PDF Full Text Request
Recently,express has developed rapidly in our country as a verdict expressage comes with growing number of contract disputes, which caused a series of legal puzzles.In the judicial practice,not only the applicable law of expressage service contract disputes but the legal status and responsibilities of courier company branch,the nature and effeciveness of valuation clause are also controversial.as to the similar case,different courts reach the different even opposite verdict.The express service contract dispute that Wang Haiqing sues Chifeng Shentong Express Delivery Company and Chifeng Shentong Express Pingzhuang Branch is a case that the plaintiff Wang haiqing sued Chifeng Shentong Express Company and Chifeng Shentong Express Pingzhuang Branch because that Chifeng Shentong Express Pingzhuang Branch lost its express delivery of a phone.The focus of this case:Firstly, what does it apply to? Contract Law or Postal Law. Secondly, what is the lawsuit subject qualification and civil liability of Chifeng Shentong Express Pingzhuang Branch? At last, what is the nature and effect of the express valuation clause. After a deep discuss of this case, we combined the relevant laws with the content of jurisprudence. This dispute applies to Contract Law; Chifeng Shentong Express Pingzhuang Branch will act as the accused and bear civil liabilit, which provides a basis of analysis of the reason of this dispute. What's more, express valuation clause of this case is ainvalid standard term. In summary, the analysis of these focal point of dispute not only contribute to settling express disputes unprejudice, impartial and reasonable, it is also beneficial to safeguard the legitimate rights of consumers and promote the development of the socialist market economy.In additional,it redounds to promote social harmony and realize social fairness and justice.
Keywords/Search Tags:Express service contract, Valution clause, Invalid stan-dard terms
PDF Full Text Request
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