The Methods Of Breaking The Contract Of Carriage Relative

In this paper, a case concerning a contract of carriage drawn the interests of third partiesinvolved in the contract in case，if the interests of a third person suffered damage carrier，theshipper will not be transferred to a third party contractual rights，then the third person can notheld the carrier’s liability in respect of the issue. Focus of controversy in the case of the firstmentioned the concept of the principle of privity of contract and “The interests of the contractfor the third”， pointed out that the two kinds of theories will lead to a different verdict，andthe theory of “The interests of the contract for the third” applicable to protecting the thirdperson’s (the consignee’s) interests better. Therefore, the author first analyzes the C2Ce-commerce model problems in the logistics chain, pointed out that the problem of thelogistics chain C2C e-commerce in China has become the bottleneck of the developmentprocess, the logistics company (carrier) violence sorting, delivery delays and other behaviorhas greatly undermined the interests of the consignees, then learn aspects of its illicit bebriefly described solution, for example, by the C2C site to establish a unified logistics anddistribution companies, by using accidental store model, partial Joint Logistics Mode,improve the logistics industry for standardization, actively develop networking, socializedlogistics service system, vigorously strengthen the training of specialized logistics, etc. Thenpoint out that completing the transformation of this magnitude above the logistics industry isimpossible, therefore, by discussing the rationality of breakthrough the principle of privityof contract, building legal system, in order to achieve standardize logistics industries’ qualityof service, the purpose of protecting the interests of the buyers.When performing the legal aspects of the Path，the author first describes the reason toincorporate the interests of the contract for the third contract of carriage limited in C2Ce-commerce mode，because the C2C e-commerce mode selected logistics companies willgenerally have more or less problems exist，compared to B2C e-commerce model withlogistics companies，C2C mode of logistics companies had more problems, contradictionscame more sharp, then there are two options to choose from proposed，the first is, this modeof transport contract as part of the contract system in the interests of a third person, and thesecond is the use of the system bill of lading, the author compares the characteristics ofcontract of carriage C2C mode with the characteristics of these two systems, the two scenarios discussed in detail about the feasibility and method of operation， theimplementation of these two programs that can make the consignee pursue claims based ondifferent carrier’s contractual liability or tort liability，then, these two solutions were analyzed,obtained in the absence of consequences of personal injury cases, the general interests of thecontract for the third theory better able to exercise the right to appeal the third person tobecome more simple and efficient conclusion.In the end of the paper, the author of the interests of the contract as a third party systemin our country theoretical research, legislative and judicial status of a broad analysis of issues,and pointed out that at this time the third person, while not parties to the contract, theenjoyment of their right to request scope differences with creditors, but essentially it shouldrequire the carrier to assume liability for breach.