The validity of standard terms has always been one focus of the disputes related to uninsured express mails. Although some empirical results have been achieved, most studies are in lack of systematicness and comprehensiveness. Based on the specially created uninsured express mails cases database, with genre analysis as the theoretical framework, after the statistics and anlysis of the court judgments related to uninsured express mails cases, it is found that disagreements exist in terms of the logic of judges’law application and the interpretation of some legal concepts. Besides law application, the judges also apply the presumptions of fact to decide the validity of standard terms, which results in a divergence in whether “the obligation of giving a reasonable alert and explanation” prescribed in the Article 39 of Contract Law of the People’s Republic of China is an obligatory move to decide the validity of standard terms. Based on the findings above, the targeted analysis and illustration is undertaken to deal with each specific issue about uninsured express mails with cooresponding legislative suggestions and pratical solutions provided so as to provide some insights into improving the legislation about express mails, preventing the abuse of judges’discretion and enhancing the logic of reasoning of court judgments.
程乐 裴佳敏. 未保价快件限额赔偿格式条款效力之体裁检视[J]. 浙江工商大学学报, 2018, 32(4): 78-89.
CHENG Le PEI Jiamin. A Genre Exploration on the Validity of Standard Terms of Limited Compensation in Uninsured Express Mails. Journal of Zhejing Gongshang University, 2018, 32(4): 78-89.