Research On Damage Compensation Responsibility For Lost And Damaged Uninsured Express

In recent years,express business develops rapidly in our country,and the disputes caused by the loss and damage of express are increasing day by day.There are differences between express delivery business and postal business in terms of business nature and operation subject,so postal law is not applicable.The relevant provisions of the general provisions of the contract law shall apply to the compensation for the loss and damage of express mail.Each major express company has the limited compensation clause for the uninsured express,whose effect is disputed in theory and practice.When judging the effect of the restrictive compensation clauses of the uninsured express,we can consider the "agreement" and "balance" of the uninsured restrictive compensation clauses.When the express company fails to reasonably perform the obligation of prompt explanation and the risk distribution of the contract is uneven,the "degree of agreement" and "degree of balance" are low,and the restrictive compensation clause shall be invalid.When the restrictive compensation clause is deemed invalid,the specific amount of damages shall be determined according to the predictability rules.When the express company has intentional and gross negligence,it shall bear full compensation liability to the sender or receiver of the express.