The online platform provides convenient freight disputes ruling in accordance with the law according to law

The logistics and transportation industry is the "capillaries" of the economy and society. With the booming development of mobile Internet technology and digital economy, a number of "Internet+logistics" network freight platforms have emerged in my country, which effectively solves problems such as asymmetry in information in the traditional freight industry. It is an indispensable role in the stability of the industrial chain and supply chain. However, as an emerging industry, its supervision and management and restraint mechanism is not yet complete, and the number of disputes has increased.

The reporter of the "rule of law Daily" sorted out several disputes over the trial of the People's Court of Huqiu District, Suzhou City, Jiangsu Province in recent years. Promote the establishment of a more standardized Internet transportation industry.

Consignment goods are missing

The proof cannot be responsible for self -responsibility

In 2019, Wen made an order on the online freight platform and asked Yao, a driver assigned by the platform to send the goods to his business partner Huang. Later, Huang said that he did not receive the goods and refused to pay the corresponding payment. Wen Mou had previously filed a lawsuit with Huang on the payment of payment. Because there was no signature of Huang on the receiving list, he could not prove that he received the batch of goods. Wenmou withdrew the prosecution. , Request to return the goods and compensate for losses.

The court believes that the carrier Yao submitted a screenshot of the "transaction completion" and "praise" of the online freight platform, which proves that it has delivered the goods to others, and the existing evidence submitted by the consignment of humanities cannot prove that the current carrier is by the carrier. Yao is possessing, so Wenmou should bear the unfavorable consequences of proof. Based on this, the court decided to reject Wen's claim.

After the judge court, the receiving form was an important certificate for the delivery of goods to complete the delivery, and it was also the main basis for the carrier to complete the delivery obligations. Compared with the traditional freight industry, both parties to the online freight platform are often strangers. After the delivery of the shipper and the carrier, the consignor should urge the receiver Related facts. The judgment of this case is conducive to improving the legal awareness of the market economy, urging all parties to regulate operations during economic activities, preserve important vouchers and documents, and avoid unnecessary losses caused by disputes in the future. (Rosasa Zhu Hailan Wang Jing)

Transfer to the deterioration of the goods

The carrier should bear the loss

In 2020, a hotel in Changchun, Jilin, ordered food such as a food company in Suzhou. Because of its long -term transportation business with a logistics company, the food company then contacted a logistics company to transport the batch of food. Later, the logistics company posted information on the freight platform, requiring transportation vehicles to be refrigerated vehicles, and the driver Li Mou took the order. The employee of the logistics company informed the food company Li Mou's information, and Li was loaded on schedule to the agreed location. When the hotel was received, it was found that transportation vehicles were ordinary trucks, and the food had been frozen and deteriorated. Subsequently, the hotel learned that the driver Li commissioned another driver Ma to transfer the food in Dalian, and then refused to accept the goods. A food company in Suzhou believes that a logistics company transferred the goods without authorization and should compensate the goods damage, and then filed a lawsuit with the Huqiu Court.

The court believes that the food company is delivered to the cargo in accordance with the name of the driver and vehicle information informed by a logistics company. Although the food company and the logistics company have not signed a written transportation contract, according to the long -term trading habits of the two parties, the food company actually gives the goods to a logistics company For transportation, there is a factual transportation contract relationship between the two parties. Based on this, the court ruled that the logistics company compensated the freight loss of more than 70,000 yuan. After the verdict, a logistics company refused to accept it and appealed. The Suzhou Intermediate People's Court maintained the original sentence according to law.

The judge court said that compared with the traditional freight industry, the online freight platform solves the problem of the owner's difficulty finding the car and the driver's difficulty, but it does not mean that professional logistics companies can abuse the network freight platform to transfer trucks to transport cargo without authorization. In this case, the driver Li ’s behavior of commissioning after signing the contract violated the transportation contract signed by the two parties on the platform. A logistics company can also be liable for the driver Li Mou to bear the quality of the goods according to the agreement. (Rosa Zhang Weiming Kang Kangguang)

Damage of goods during transportation

The driver has the responsibility to pay the payment

In August 2020, a transportation company placed an order through a network freight platform and required to transport a set of industrial equipment from Suzhou to Changzhou. The platform sent a order to Sun. The two parties signed a transportation agreement through the freight platform, agreed that the transportation cost was 750 yuan. The traffic accident vehicle was overwhelmed during the transportation, causing equipment damage. After compensating the buyer's supply chain management company's freight loss, a transport company claimed to the actual carrier Sun Mou's claim. Subsequently, a transportation company filed a lawsuit with highway cargo transportation contract disputes, asking Sun to compensate for the loss of goods by 56,000 yuan.

The Huqiu Court believes that a transportation company places an order through a network freight platform and signs a transportation agreement with Sun. The relationship between the transportation contract between the two parties is legal and effective, and it should be fulfilled according to the contract. At present, a transportation company has paid the transportation fee according to the contract. Sun should transport the goods to the destination safely in a timely manner according to the contract, but the accident occurred on the way, and the transportation company has compensated the outsiders of the case. A claim. Based on this, the court ruled that Sun had compensated the goods for 56,000 yuan. After the sentence was pronounced, neither side appealed.

The judge court said that the network freight platform is responsible for sending orders and belongs to the legal status of intermediary introduction. The actual signing subject of the freight contract is Sun and a transport company. According to the principle of the relative nature of the contract, the carrier Sun should bear the liability for compensation for the damage of the goods. (Rosa Sasa, Yongyi Huazi Cheng) The name of the deposit is temporarily deducted

Cooperative termination must be repaid

Since 2019, Xu and a logistics company have cooperated for a long time. If a logistics company has stocks that need to be transported, they will send Xu Mou to Xu Mou through the online freight platform. Partial freight is temporarily deducted in the name of "deposit". The two parties no longer cooperate. After the reconciliation, the two parties confirmed that the shipping fee was not paid by 30,000 yuan, but the logistics company has always refused to pay. Xu then filed a lawsuit with a dispute over a transportation contract and asked the logistics company to pay the arrears of freight.

The Huqiu Court believes that the transportation contract signed by the two parties is legal and valid, and the logistics company shall pay the transportation funds in full and in full. During the trial process, the logistics company took the initiative to explain to pay for the arrears of transportation, but the funds were more tight during the epidemic. The court organized both parties to conduct communication and negotiation, and then the two parties reached a mediation agreement. The logistics company promised to pay 27,000 yuan of transportation fees within one month. The current logistics company has paid the amount according to the mediation agreement.

The judge court said that in this case, the shipper temporarily deducted freight in the name of "deposit", infringing the legitimate rights and interests of the carrier. Considering the adverse impact of the epidemic on logistics enterprises, the people's courts give full play to the trial function, and contribute to the unification of legal effects and social effects. At the same time, drivers engaged in the network freight industry should also strengthen legal awareness and receive orders through regular platforms to avoid falling into disputes due to private transactions due to transportation costs. (Rosasa Wang Yaohua Si Mingjian)

Change the vehicle use by yourself

Accident insurance refusal compensation

In 2019, Lu Mou inspected the strong insurance and commercial insurance to the Yangzhou Branch of the insurance company Yangzhou Branch. When insured, it was clear that the nature of the vehicle was self -use for the family. Later, in order to make up for the family, Lu registered an account on the online freight platform and engaged in the operation of the operation. During the delivery process, Lu accidentally had a traffic accident, causing damage to the vehicle of outsiders Liu Mou, and the traffic police judged that Lu was responsible for the main responsibility. After evaluation and appraisal, after deducting the residual value of the vehicle, Liu's vehicle loss was 168,000 yuan, and the insurance company that Liu insured was paid first.

Due to Lu Mou's main responsibility, Liu's insurance company insured to claim Lu Mou and Yangzhou Branch of Yangzhou Branch to the Tiger Hill Court with the insurer's substitution dispute, requesting that the two defendants were paid at 70%of the fixed loss amount. The claim pad pays more than 110,000 yuan.

The court believes that the insurance company shall be notified in a timely manner when the nature of the vehicle is changed. If the accident fails to notify the insurance company, the insurance company shall have the right to refuse the compensation, and the liability for compensation for vehicle loss shall shall be borne by Lu. According to this, the court's judgment insurance company only needs to pay 2,000 yuan within the scope of the liability of motor vehicle traffic accident liability, and will not be liable for compensation within the scope of vehicle loss insurance and third party liability insurance. damage.

The judge court said that vehicles engaged in cargo operations have a higher frequency compared to home self -use vehicles, and the danger has increased significantly. The vehicle owner should notify the insurance company and pay the corresponding premiums in time, otherwise the insurance company has the right to refuse to pay. After the judge suggested that the Internet transportation platform collects management fees, it shall make a reasonable prompt to make a reasonable prompt in time to change the insurance and other matters in a timely manner. (Rosasa Wang Ying Liu Qiong)

Regulatory market

Related regulations on the Civil Code

Article 830 After the goods are transported, the carrier knows that the consignee shall be notified in time, and the consignee shall promptly withdraw the goods. If the consignee is overdue, the carrier shall be paid to the carrier's custody fee.

Article 832 The carrier shall be liable for compensation for the damage and loss of the goods during the transportation. However, the carrier proves that the damage and loss of the goods are caused by force majeure, the natural nature of the goods itself or reasonable loss, and the fault of the shipper and the consignee, and will not bear the liability for compensation.

Related provisions of the insurance law

Article 52 During the validity period of the contract, the danger of the insurance target increases significantly, the insured shall notify the insurer in accordance with the contract, and the insurer may increase the insurance premium or terminate the contract in accordance with the contract. If the insurer is terminated, the insurance premiums that have been charged shall be refunded to the insured person after deducting the part of the contract from the date of the start of the insurance liability.

If the insured fails to fulfill the notification obligations stipulated in the preceding paragraph, the insurer does not assume the responsibility of compensation for the insurance accident due to the significant increase in the danger of the insurance target.

Lao Hu comment

The online freight platform is a new model of cargo transportation formats that produce and developed with the emergence and development of the Internet. From this case, it can be seen that the cargo transport disputes involving online freight platforms are more traditional. The legal subject is more diverse and the legal relationship is more complicated, and contradictions and referees also need more detailed work.

First of all, the relevant legislative departments should actively conduct investigations and research on the new model of cargo transportation formats such as online freight platforms, and improve relevant laws and regulations as soon as possible, so that all participants of the network transportation platforms follow.

Secondly, the network freight platform involves both online platform supervision and cargo transportation management. Therefore, the network platform supervision department and the freight transportation regulatory department shall strengthen communication and close cooperation to jointly ensure the protection, guidance and supervision of the online freight platform, and effectively maintain maintenanceThe order of online freight platforms promotes the healthy operation and development of the new business and new models on the track of the rule of law.At the same time, the parties must determine their respective rights and obligations through contracts, and the dispute litigation involving online freight platforms will be eliminated before or budding before.(Hu Yong)

Source: Legal Daily

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