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Civil Aviation Passenger Transportation Contract Research

Posted on:2007-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:C DengFull Text:PDF
GTID:2206360185972457Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In civil aviation transportation, the exchange of transportation service is the economic content and the contract for aviation transportation is the necessary form of law. The contract for civil aviation transportation is adjusted by 《The Civil Aviation Act of The People's Republic of China》 and 《The Contract Act of The People's Republic of China》 .In the law theory and the law practice, the concept and character of the contract for civil aviation passenger transportation still remains unclearly. After researching some concerned angles of the contract of the civil law and the case law, this article gives the concept as follows: The contract for civil aviation passenger transportation refers to an agreement establishing, modifying and terminating the rights and obligations of the civil aviation passenger transportation, between passengers and airlines, including some conditions of transportation like: the carriage time, the carriage place and fare, etc. According to the contract, the carrier carries passengers from the starting place of carriage to the agreed destination, and the passenger pays for the ticket-fare. The contract for civil aviation passenger transportation have some characters: the aim of the contract is the action of transportation service; the contract is a bilateral and non-gratuitous agreement and treated as a form of contract; the contract is binding contract and a name-registered contract;......As an agreement, like all contracts in contract law, the contract for civil aviation passenger transportation shall be concluded and entered in the form of an offer and an acceptance. All airlines are engaged in public transportation, so all airline shall bear the obligation of mandatory concluding contracts, that is, the carrier shall not refuse the normal and reasonable carriage request of a passenger. The way of concluding a contract for civil aviation passenger transportation can be divided into the traditional way and the electronic way. Under each way, the form of an offer and an acceptance has different characters.
Keywords/Search Tags:civil aviation, transportation of passengers, contract, study
PDF Full Text Request
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