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Research On Cargo Carrier's Liability In Montreal Convention

Posted on:2008-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y TengFull Text:PDF
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International air cargo transportation has developed a lot and become one of the most ways of transportation since the airplane was applied in civil transportation in 1919. The liability of the carrier is the core of international private air law, which has a bearing not only on the realization of the carrier's interests, but also the protection of the consignor's benefits. It has the practical significance in the equilibrium the benefit between carrier and consigner and the acceleration the international air transportation to do the research on the cargo carrier's liability.This paper is divided into four parts. In the first part, it describe the development of the international private air law, which relates to the Warsaw convention, Montreal convention etc. In the second part, it interprets some key conceptions of international cargo transportation under the Montreal convention, such as the conception of cargo, transportation, carrier, harm etc., which give theoretical prerequisite for the judicial practice of international cargo transportation. The third part is the main body of the paper. It elaborates on the reputations of the Montreal Convention about carrier's liability, such as the principle of how to determine the liability of the carrier,the limitation of the carrier,the remittent of the liability,liability for delay of the carrier etc. The forth clarifies elaborately the difference between the Warsaw Convention and the Montreal Convention on the points as follows: the nature of the liability of the carrier, the counterplea of the liability, the items accounted on the cargo air waybill and the liability for the absence of some items accounted on the cargo air waybill, which provide basis for the international cargo transportation after the new Montreal convention goes into effect.
Keywords/Search Tags:the Montreal Convention, the international cargo transportation, carrier, liability
PDF Full Text Request
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