Prescribed by Chinese law Disclaimer Mainly: 1. Force majeure: Article 117 of the Contract Law stipulates that if the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the impact of the force majeure, unless otherwise specified by law. party Delayed performance In case of force majeure later, the liability shall not be exempted. For the purposes of this Law, force majeure means unforeseeable, unavoidable and insurmountable objective circumstances. 2. The natural nature of the goods and the reasonable wear and tear of the goods: Article 311 of the Contract Law stipulates that the carrier shall Transportation process Liability for damage and loss of goods in Damages However, if the carrier proves that the damage or loss of the goods was caused by force majeure, the natural nature of the goods or reasonable wear and tear, as well as the fault of the shipper or consignee, it shall not be liable for damages. 3. Creditor's fault: Article 311 and 370 of the Contract Law: Custody Where the deposit is defective or special safekeeping measures are required according to the nature of the deposit, the depositor shall inform the depository of the relevant information. Where the depositor fails to inform the depositor, thereby causing loss to the deposit, the depository shall not be liable for damages; Where the depository suffers losses as a result of this, unless the depository knows or should know and has not Take remedial measures The depositor shall be liable for damages in addition to. one Disclaimer The concept of Contract terms 。 First, the exemption clause is an integral part of the contract and a kind of contract clause; Second, the provision of exemption must be made explicitly, and it is not allowed to make it implicitly, nor to allow judges to presume the existence of exemption provisions. 2. Validity and invalidity of exemption clauses
(1) Determine the validity or invalidity of the exemption clause based on the provisions of the current law. Exceptions Declaration of intention It is an element with the purpose of excluding or limiting the future liability of the parties, so it belongs to Civil act Shall be subject to the provisions of Articles 52, 53, 54, 47, 48, 51 and 40 of the Contract Law. (2) Determine the validity or invalidity of the exemption clause based on the risk allocation theory
(3) To determine the validity or invalidity of the exemption clause according to the degree of fault, Articles 40 and 53 of the Contract Law.
(4) The validity or invalidity of the exemption clause is determined according to the severity of the breach of contract, which is not adopted in China.
