In March 31, 2010, the name of a tour to Providence express service department and Chongqing Sunyard Express Service Co. Ltd. signed a contract in February 25, 2011 to join the network, to swim a set up for the person in charge of Chongqing Sunyard Express Service Co. Ltd. a foreign business department, to join the network "express" name to express service.

    April 1, 2011, the plaintiff Peng had Chongqing city express a distinguished company as a defendant to the court, identified Chongqing city express a branch without registration, the main error, then the court rejected the plaintiff's prosecution. July 28, 2011, the plaintiff Peng to swim a defendant to the court, the defendant requested compensation for the plaintiff's mobile phone 3000 yuan price and service charges 10 yuan.

 Trial

    A district of Chongqing City People's court think, the defendant to swim in December 10, 2010 is providence Express Service Department staff, to "express" take the name of the plaintiff's express service. Express waybill is the mail contract documents, from the legal perspective the plaintiff Pengmou and express mail service contract signed, will express services is authorized operators to express, the travel behavior of a non personal behavior, the plaintiff and the defendant has not Pengmou swim fast delivery service contract relationship between, then according to the law ruling dismissed the plaintiff to the defendant Peng a tour of a claim.

Comment on

    In recent years, the express industry such as bamboo shoots after a spring rain like development, while the franchise has become the main mode of operation of private express enterprise sales logistics service with its risk and cost advantage. Express franchise relationship includes franchise headquarters, franchise companies, franchisees and the contractor and subject, due to the complex express operation network, in the lost articles by post occurs, consumers are often unable to determine the main contract and the prosecution of the defendant error.

  A contract subject, express service

    Express company provide express service usually provides is the express waybill, the waybill is the express service contract, and is the format of the contract, agreement is the sender and post human rights and obligations between the civil agreement. "Contract law" the ninth stipulation: "the parties entered into a contract, should have the corresponding capacity for civil rights and capacity for civil conduct. The parties may entrust an agent to enter into a contract in accordance with the law." While the "postal law" provisions of article fifty-second, licensing business express business, one should have is in line with the conditions of enterprises as legal persons. Thus it can be seen, individual shall be independent of foreign business express business, express delivery companies signed a courier service contract in its own name or entrust others to conclude a contract. In this case, the courier is "express" Corporation, the format of the contract, the details of single side agreed to the rights and obligations of both parties, and transportation service line is the "express" network. Although the tour in the express waybill signature, but the current law prohibits the individual business express business, and travel is to Providence express services to undertake foreign business, and Providence express services is authorized operators express, whether it is from the characterization of contract or from the perspective of the contract content, Peng some are essentially signed with the express company courier service contract.

     
The qualification of the two, express service contract dispute liability

     With respect to legal relationship, express franchise headquarters and the franchisee is independent of the civil subject, both sides signed cooperation agreements within the join is the basis of legal relation, common mail to the sender. The express delivery business, the sender is generally in the express the franchisee is delivered goods, express in loss occurs, analysis express franchise headquarters and the franchisee outside the responsibility to distinguish between two kinds of situations: (a) payment terms do not express franchise operators to request an invoice, the bill also express headquarters do not express the franchisee shall, in accordance with the trading habits, the sender is to express the franchisee signed delivery contract, but according to the legal analysis, the sender is a courier service contract with the courier franchise headquarters. Express franchise headquarters from the legal response to the sender to take full responsibility, responsibility, can according to the express and the franchisee signed cooperation agreement to exercise such right within the. (two) payment terms when the franchisee invoices issued, and the express waybill have express the franchisee's signature, so the sender and two parties signed the contract, subject and subject specific transport profit. The sender can express franchise headquarters and express the franchisee for the co defendant, they shall bear joint and several liability. In this case, the providence express services and express company signed a cooperation agreement, clearly the respective rights and obligations to undertake foreign express delivery business, and the industrial and commercial registration, business license and business license, the staff in the Peng to fill in "the express waybill" sign and issue invoice Peng, both as a joint defendant charged, both parties shall bear joint and several liability.

Chongqing legal advisory QQ 962719373