On The Default Responsibility Of The Air Goods Carrier

The conveyance contract of the aviation goods adopts a disjunctive written form. The aviation waybill is the initial proof, according to which, people can make a contract and the conveyance conditions, and according to which, the carrier accepts goods and it is not the contract itself. Generally, the carrier should own an aircraft. The signatory party should not own an aircraft and his main obligations are to assure the goods is safety and the conveyance is on schedule. The obligations of the carrier will be set by the signatory party's authorization. The law position of the freight forwarding company changes with the variety of the business. To define the law positions of the parties the contract concerns correctly is the premise to make sure the responsibilities of the parties.The carrier breaks the contract, when one of the following basic important components are included: When the contract comes into force, the carrier doesn't fulfil the obligations in objective or fulfil the obligations in a way which desn't accord with the law or the appointment; the carrier has no proper reason and his default behavior lead to violate the contract creditor's rights. The concrete situation which the carrier breaks the contract refers to when the carrier is fulfilling the contract ,there exist defects in safety ,defects in delay, in advice note, in documents and unreasonable conveyance etc.The responsibility principle of the carrier who breaks the contract will change from a deducing fault principle to a strict responsibility principle. The international goods conveyance between the signatory states that sign Warsaw Pact and the loss caused by delaying will apply to the deducing fault principle; Since Montreal convention come into force to our country, the international aviation goods conveyance between the signatory states and the loss occur in the local aviation goods conveyance in our country will apply to the strict responsibility principle. Using the accurate method and defining the responsibility principle correctly is the foundation that decides the dispute of the case.The responsibility of the carrier is the loss of the goods caused by goods destruction, goods loss or the loss caused by damage and delay, and whether the goods are in the charge of the carrier is the only factor to judge whether it is in the carrier's responsibility. Declaring the value specially has the effect of evading. the result of responsibility quota. The main way of the carrier to undertake the responsibility is an indemnity.The cases on exempting the carrier's responsibility mainly include the fault of the claimant, irresistible force and the matter which has nothing to do with the normal aviation transporting, but except some irresistible force like the surprised natural disaster, strike and the close of the airport etc. The responsibility of delaying has its specialty and need adopting every reasonable measure. Defining the exemption of the carrier's responsibility is good to divide the parties'law responsibility.