On Postal Contract

Postal law revise cause a fierce debate of the definition of postal contract already. Postal contract is an innominate contract, but it is very important. The definition of postal contract should not be due to the business scope of post office. Limited the definition range only on universal service, not only stressed the particularity of contract but also relate to the postal origin. Postal contract should be defined as a contract that based on universal service that the post office should send a mail from the addresser to the addressee, with the precondition that the addresser defray the uniform postage. Postal contract is a kind of civil contract with the characteristic of style-required contract, onerous contract, bilateral contract and related to the third party. The formation of the postal contract is different from others kinds of contracts. The offer is style-required that it should be send by mail from the post office or the mail box. Moreover, the content is made up of fixed terms. So the explanations of the postal contract should base on these. The entity of postal law both have various rights and obligations, so both of each party should obey the terms, also both the range of them are differ from range of other contract's entities. The breach of faith is also very complicated, we should find out the applicable law for contracts. When dealing with breach of faith by the third party who is the assignee of the both entity, we should consider from different aspects, the assignee of the post office can be considered part of the post office, so the office should assume the amends cause by them; otherwise, due to the"Postal Law of people's republic of China"term 37, if the addressee didn't make any objection to the collection office which in the postal address, that would imply the addressee accept the collection office as the tacit entrust agent, so they should assume the amends of the breach of contract cause by that office. Whatever, the applicable law for the assumpsit would be"Postal Law of people's republic of China"for sure, the only way to solve the dissension of postal contract.