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Research On Damage Liability Mechanism Of Express Service Contract

Posted on:2019-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:T T ZhangFull Text:PDF
GTID:2416330566499861Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the rapid progress of network technology,the express service industry has sprung up like mushrooms,which has greatly changed our habits.When the express market is on the rise,the main body of the express market is everywhere,and the disputes of compensation for the delivery service contract are endless.The reasons and judgements of the court's handling of disputes concerning compensation for express damage or loss are quite different.At present,because the laws and regulations of express service are not sound enough,the provisions on the liability for damages for express service contract are lack of pertinence and the application of the law is more chaotic;and the regulation of express industry is not in place,the consciousness of self-discipline in the industry is weak,and the related standards are missing,which left the blank area for the responsibility basis for the ungood operation of the express industry.In the existing dispute cases of express service contracts,the cognizance of loss and limit compensation have always been the focus of academic and practical circles.Therefore,it is necessary to conduct in-depth analysis of the liability for damages in the express service contract.This article is based on the above problems,from the perspective of breach of contract,to study the liability of damage compensation for express service contract.The nature of liability for damages in express service contract is liability for breach of contract,which is quite different from that of express service.Due to the lag of legislation,there are many problems to be solved at present,such as the unclear subject of the claim,the unreasonable compensation of the limit,the unreasonable identification of the loss and the improper application of the exemption.In view of these problems,this paper makes a comparative study on the related system of liability for damage compensation for express service contracts outside the country,and puts forward some concrete suggestions for the application of our country by combining the status of the liability for damages in our express service contract.
Keywords/Search Tags:Express Service, Liability for damages, Cap indemnity, Exemption Premise
PDF Full Text Request
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