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Research On The Valuation Clause Of Express Service Contract

Posted on:2020-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q N WangFull Text:PDF
GTID:2416330572494409Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Since the revision of the postal law in 2009 established the legal status of express delivery enterprises,express delivery enterprises have mushroomed like mushrooms.However,the development level of express delivery enterprises is uneven,and the damage compensation disputes caused by them also show a surge trend.Fundamentally,the dispute over the valuation clause of express delivery service contracts is one of the main reasons.As for the valuation clause of express delivery service contracts,different opinions are held from all walks of life,and no unified opinions have been formed within the court,resulting in a large number of cases with the same case and different judgments in judicial practice.The application of the valuation clause is of great significance for sharing the risks of express delivery enterprises,improving transaction efficiency,and clarifying the handling methods of disputes.Therefore,the application of the valuation clause in the express service contract should be positive.This article is based on the theoretical study of the valuation clause.Through systematic analysis of the application of the insured clause in judicial practice,we should pay attention to the problem,and put forward relevant and sound suggestions.We hope to provide theoretical and practical support for the application of the valuation clause and promote the benign development of China’s express delivery industry.Firstly,the author made a theoretical study on the valuation clause of express delivery service contracts.Then,by analyzing a large number of cases,the author drew the conclusion that there are three major problems exposed by the same case and different judgments in judicial practice.Finally,the author proposed specific solutions to each problem.The first part is mainly about the overview of the valuation clause of express service contracts.Firstly,the concept and origin of the valuation clause of express service contracts are analyzed.Then,combining with relevant theories of civil law,the nature of the valuation clause of express service contracts is analyzed,and the theoretical basis for studying the valuation clause of express service contracts is constructed.The second part mainly analyzes the validity of the valuation clause of express delivery service contracts,which mainly includes three aspects: the premise and basis of validity determination,the status quo and problems of validity determination,and the solutions to theproblems of validity determination.First of all,the author analyzed the premise and basis of the validity determination of the valuation clause,made it clear that the premise of the validity of the valuation clause was that the valuation clause had been entered into the contract,and explored the basis of the validity determination of the insurance clauses.Secondly,the author from two aspects of theory and judicial practice,respectively to the valuation clause decided the status quo and problems are studied,and determination of the validity of the valuation clause have been controversial,mainly exist "effective" "invalid" and "revocable" three main point of view,by studying the controversy to find the problems existing in the valuation clause decided;Finally,some Suggestions are put forward to solve the problem.The third part mainly analyzes the problem of determining the amount of damages for valuation clause,mainly including the method of determining the amount of damages,the actual dilemma of determining the amount of damages,and the recommendations for determining the amount of damages.The damages are analyzed first.The method is determined,and the conclusion is generally determined according to the agreement of the valuation clause or the actual loss.At the same time,the actual dilemma of determining the damage amount is further analyzed,and it is difficult to find the actual loss of the insured in the judicial practice.Whether it advocates disputes over compensation for mental damage,industry insured rates,and different compensation standards.Finally,in the analysis of the above problems,in conjunction with relevant legal provisions,it is proposed to make recommendations for determining the amount of damages.
Keywords/Search Tags:Express service contract, valuation clause, Standard terms, Claims for damage
PDF Full Text Request
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