The Advocacy Subjects of Third-party Logistics Contract Void

摘要

Who shall put forward or propose the third-party logistics contract void, about which the three Contract Laws issued have no provisions, this shows it is a legislative gap or knotty problem. This document aims to draw a conclusion that in China one party with logistics contract benefit loss shall put forward the third-party logistics contract void through analysis according to foreign legal provisions and legal basis; After disputing party's lawsuit, the court can review the third-party logistics contract ex officio and confirm the third-party logistics contract invalid, without the restrictions whether the disputing party puts forward third-party logistics contract void, so the court can be regarded as the proposer of third-party logistics contract void.