快递服务合同违约损害赔偿的理论剖析与审视

On the Compensation for Damages for the Breach of Express Delivery Service Contract

快递服务合同作为一种不同于邮寄服务合同的新型合同,理应受《合同法》等民事立法的调整。寄件人和收件人对经营快递业务企业的不履约行为,享有违约损害赔偿请求权,但是收件人作为利益第三人,只有在寄件人不行使或怠于行使请求权时,方可独立行使请求权。当出现不可抗力、寄递物品的自然性质、寄件人和收件人的过错或其他免责事由时,经营快递业务的企业无需承担违约责任。此外,在快递服务合同中,除因故意或重大过失不履行债务之外,违约损害赔偿应遵循限额赔偿,合同当事人可以通过保价制度来排除其适用。

As a new kind of contract in civil law,the express delivery service contract differentiates fromthe post service contract, which is mainly regulated by civil law such as contract law. The sender and therecipient are entitled to require compensation for damages when the express delivery enterprise fails to fulfill itscontract obligations. As a third party who has interests,only when the sender does not require or fail to requiretimely the compensation can the recipient require independently. However,when force majeure,the nature ofthe article,the fault of the sender or the recipient, or other circumstances to waive liabilities occurs, theexpress delivery enterprise is not subject to liabilities for the breach of contract. In addition, in the expressdelivery service contract, except for the circumstance where the failure to perform the obligation is due tointention or gross negligence, the compensation for damages for the breach of contract should abide by thelimited compensation. The limited compensation can be excluded if support value system is agreed by theparties of the contract.