Research On Collateral Obligations Of Smart Express Box Operators

With the continuous growth of express delivery volume,smart express box has become an important way of express delivery.Nowadays,China has paid more and more attention to regulating the use of smart express box.A series of industry standards and "smart express box delivery service management measures" have been issued to regulate it,but there are no systematic provisions on the accompanying obligations of smart express box operators.Therefore,on the basis of practical disputes and judicial cases,combined with the existing legal provisions,this paper systematically summarizes the accompanying obligations of smart express box operation enterprises,clarifies the obligations and responsibilities of enterprises when operating express boxes,and protects the legitimate rights of all parties in a more rigorous way.In this paper,four chapters are used to elaborate.The first chapter summarizes the relationship between smart express box operators and other related entities,and the collateral obligations of smart express box operators.The nature of the service contract is the third party interest contract.The smart express box operation enterprise needs to perform the collateral obligation to the express enterprise and the recipient or the sender.The collateral obligations of smart express box operators are different from the general collateral obligations in terms of the qualification of the subject and the certainty of the content.The consideration of identifying the collateral obligations of smart express box operators is the purpose of the contract,the interests of all parties and proper performance.The second chapter discusses the collateral obligations of the smart express box operators in the delivery service.Smart express box operators should perform the obligation of informing,assisting and packaging recycling.They should perform the obligation of informing before and during the signing of the contract,but the rights to protect are different.The former protects the right of choice of the recipient,while the latter protects the right to know of the recipient.The obligation of assistance is mainly manifested in assisting the recipient to exercise the right of acceptance and rejection,and assisting the recipient to safeguard his rights.The obligation of packaging recycling is the specific application of the green principle of civil code in the smart express box delivery service.The third chapter discusses the collateral obligations of the smart express box operators in providing receiving and sending services.In the receiving and sending service,the smart express box operation enterprise shall specially perform the duty of examination and confidentiality.It is necessary to perform the duty of review before the signing of the receiving and posting service contract to protect the safety of the smart express box and express,and it is necessary to perform the duty of confidentiality all the time to protect the personal and property safety of the sender.The fourth chapter discusses the legal consequences of the violation of the collateral obligation by the smart express box operators.The nature of the liability for breach of pre contract obligation of the smart express box operation enterprise is the liability for contracting fault;The nature of liability for breach of collateral obligation and post contract obligation is liability for breach of contract.Generally speaking,only damages can be applied to the relief of the smart express box operators who violate the collateral obligations,but the continuous performance can be applied when they violate the notification and confidentiality obligations.When the violation of the collateral obligations directly affects the realization of the purpose of the contract,the relief method of rescinding the contract can be used.