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Research On The Responsibility System Of International Cargo Transport Carrier

Posted on:2016-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:L LvFull Text:PDF
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With economic development, air transport become more and more important in modern transport system, regulate air transport treaties and legal order also will produce and develop. In the complicated international conventions and protocols, half of them are research on air carrier liability system, as it relates to the attribution of liability. However,compared with the international advanced aviation conventions and rules, numerous inadequacies of "Civil Aviation" existence in the carrier’s liability institutionally, with the rapid development of the aviation industry, the carrier’s liability is imperative to improve the system. The article tries to research and analysis related various international air freight carrier’s liability regime conventions, to identify weaknesses in our legislation.This paper is divided into three parts.The first section has the following aspects: first of all I introduces air transport-related conventions background; Secondly, focusing on the "Warsaw system" and 1999 "Montreal Convention" on the 1929 "Warsaw Convention" to amend the contents of cargo transport, and analysis of the specific content of the modified. Finally:scope of application of international conventions.The second part is the focus of this article. This chapter focuses on the transport of goods carrier liability system is described in detail. Including the main responsibility: just like the contracting carrier; Responsibility nature: that tort or breach of contract; The basis of liability: strict liability or negligence presumption; During Responsibility: single or double elements; Limitation of Liability: damaged or lost; Liability limit: the maximum amount of compensation that the carrier bear; Exclusion of liability: that the carrier disclaimer. Through a detailed analysis of the above aspects, and find out the pros and cons, to improve China’s "Civil Aviation Act" laying the groundwork.The third part introduces the status quo in the field of China’s civil aviation legislation, and then analysis of China’s "Civil Aviation Act" relating to the freight carrier’s liability system problems with the 1999 "Montreal Convention". The unreasonable period of responsibility Such as "Civil Aviation Act" applies probability is too small, the main range is limited. Finally, by summarizing proposed to improve China’s "Civil Aviation Act" proposal: just like exaggerate the carrier body range.
Keywords/Search Tags:Warsaw Convention, Civil Aviation Act, Montreal Convention, Carrier Liability
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