Tort Liability In Civil Aviation Transportation

Civil air transportation take pace frequently on a global scale every day in such a manner that is so unimaginable, during which processes various accidents happen such as the air crash and events which caused damages on board the aircraft or in the course of the operations of embarking or disembarking. This paper expects to study the issues in relation to international and domestic air transportation including the tort rules, the applications of law, the element of the tort liabilities and the principle of liability by means of researching international laws and domestic laws together, for the purpose of reflecting the reference by domestic air transportation legal system to international rules of tort liability and its own characteristics.This paper consists of 5chapters with 50,000 words approximately.Chapter 1 studies on basic concept and theory of civil aviation tort liability, such as civil aircraft, civil air carriage, etc. This chapter analyses the category and feature of civil aviation tort, and the concurrent theory of tort liability and contract liability. In conclusion, liability of air carrier is the concurrence of tort liability and contract liability; it should apply under the general law and basic principle to solve the concurrent issues.Chapter 2 reviews the history and development of Warsaw System, Montreal Convention and Rome Convention; it also summaries domestic legal system of the civil aviation tort liability and the trends of the theory of international ones.Chapter 3 respectively describes the constituent elements of two types of tort i.e. the international civil aviation tort and domestic civil aviation tort which is based on certain criterion of tort liability.Chapter 4 is given to criterion of civil aviation tort liability by comparing the concepts, status and content of different criterion of tort liability, analyses the application of certain criterion of tort liability regarding international civil aviation tort and domestic civil aviation tort as well.Chapter 5 focuses on the limit liability of civil aviation tort compensation and the exemptions of liabilities of international civil aviation tort and domestic civil aviation tort respectively.