Determination Of Legal Effect Of Express Insurance Clause

The price protection clause in express delivery service contract belongs to the standard clause of limit compensation.It is pre formulated by express company for reuse.It states that the express delivery company will compensate for the limit in case of damage or loss of express mail,so as to reduce the liability of damages in the future of express delivery service enterprises,so as to reasonably share the operation risk of express delivery enterprises and improve the transaction efficiency.At present,express delivery plays an important role in unblocking economic and social microcirculation.Vertically,it not only integrates upstream and downstream resources,realizes seamless connection of production,circulation and consumption,but also connects thousands of households and thousands of cities and industries horizontally.The survey report of express service satisfaction shows that the damage and loss of express goods have become the main problems of express industry complaints.The civil compensation liability for damage and loss of express delivery involves the operation structure,operation cost and consumer rights and interests of express delivery enterprises,and it is related to the future development of express transport industry and the effective protection of consumers’ rights and interests.However,the specific laws and regulations of express industry are lagging behind,which can not effectively regulate the bad phenomena of express delivery delay,loss,damage,short internal parts,etc.Although the price protection clause is the standard clause,although the relevant format terms are in the contract law of the People’s Republic of China(hereinafter referred to as the contract law and the civil code of the People’s Republic of China(hereinafter referred to as the civil code)》)There are provisions in the article,but after all,format terms are not specially made for the price protection clauses.They cannot be applied to express delivery service accurately and concretely.Difficulties and differences are inevitable in the actual application process.From the arrangement of the judicial documents,in practice,express delivery terms lack uniform standards in the process of application of law.Different courts have a common situation of "different judgments in the same case" in the relevant cases.In order to enhance the predictability and standardization of the legal effect of express delivery terms,it is necessary to clarify the legal effect of express delivery terms,improve the judicial efficiency and judicial credibility from the relevant judgment documents on the legal effect of the provisions of the court,combined with civil and commercial law theory and other similar provisions.From the perspective of the provisions of the standard terms in articles 496 and 497 of the civil code of China,the legal effect of express delivery price protection clause includes three elements of confirmation.one is the confirmation of the legal effect of the obligation and the insured clause,including the confirmation of whether the obligation of prompt indicates whether the obligation affects the validity of the clause;the second is the determination of the substantive content of the insured clause,including whether the price guarantee clause has fairness or not The third is the determination of the application of the exclusion of the insured clauses,including the determination of intentional or gross negligence in the process of transportation and the distribution of burden of proof.This paper will combine the court’s cognizance and relevant theories in practice,and divide it into three parts to discuss,in order to get personal opinions.For the confirmation of the obligation of prompt explanation and the contract of express delivery guarantee,the legal logic of the formal clause is straightened out by sorting out the disputes between the academic and practical circles on the obligation of prompt explanation and the validity of the judgment clause;for the substantive content of the express delivery price protection clause and the legal effect of the provision,the judgment document is sorted out The book finds that there are two main situations,including whether the provisions are fair or not and the recognition of the exemption clauses is different.Specifically,whether the court’s limit compensation clause in the insured clause conforms to the principle of fairness and whether it is unreasonable exempts the main rights of the sender,excluding the main obligations of the producer of express delivery clause,namely the carrier;for the determination of the application of exclusion of the insured clause,if the act of express company has intentional or gross negligence on the damage and loss of express delivery,then The principle of limit compensation cannot be quoted,and the price protection clause shall not have legal effect.There are some differences between the two sides in the subjective situation of intentional gross negligence.Through the analysis of the judgment documents,the author clarifies the criteria of the determination of intentional and gross negligence,and further clarifies the burden of proof distribution between intentional and gross negligence.