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Research On Carrier’s Liability To Passenger For Personal Injury In International Air Accident

Posted on:2016-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:S H HuangFull Text:PDF
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The international air accident is often connected with many subjects of legal responsibility,and the legal relationship therein is also complicated.The thesis mainly studies the compensation carrier pays to the passengers for personal injury in international air accidents.The issues out of carrier such as the responsibility of aviation product manufacturers,government and the others is outside the range of this essay.So do the matter of property damage of passengers and flight delays.This thesis,on an angle of international treaties and centering on the carriers’ liability to passengers of international air transportation founded by Warsaw System and Montreal Convention of 1999,is a study about the jurisdiction of cases of indemnity for international air accidents,the application of international treaty and the cognizance of the carrier’s liability.To be specific,the thesis is aimed to perfect the air crash compensation system of our country on the base of international treaties.This article mainly has 3 parts:the introduction,content section and the closing words.The text has 5 chapters,which consist of the overview, the jurisdiction, the applicable of law,the responsibility identification and improving suggestions, etc.The introduction gives an account of the writing background,the purpose and meaning of this essay,literature summary and writing methods.Chapter one is a summary of the indemnity for international air crash,which is starting from the typical cases of the past and generalize the characteristics of compensation for international plane crash.In addition,it expound the cause of the variance of the compensation.All of this is to get a general sense of the compensation carrier pays to the passengers for international plane crash.Then,the second quarter explores the formation and evolution of Warsaw system,with a brief introduction and comment on the new development and its profound influence and practical significance brought by the Montreal Convention of 1999.Chapter two discusses the jurisdiction of cases refer to the compensation carrier pays to the passengers for personal injury.Due to the different rules stipulated by various countries in regard to the concurrence of tort and default,there are different comprehensions about the cause of action.Besides,this chapter introduces four types of jurisdiction stipulated by Warsaw Convention and the fifth jurisdiction added by the Montreal Convention of 1999,analyzing the controversies emerged in the application of the jurisdiction rule.Chapter three illustrates the application of how to apply.The first The second quarter analyzes the application of the above-mentioned international treaty,especially the application relation between Warsaw system and the Montreal Convention of 1999 and the influence of party autonomy.Chapter four deals with the cognizance of the carrier’s liability for passengers’ personal injury.The content of this chapter includes the principle of responsibility imputation,limit of responsibility,extent of damages and demurring reasons.First,the chapter introduces the development of the principle of responsibility imputation from fault presumed responsibility to double-gradient principle,with a strong emphasis on the double-gradient principle.Then,it analyzes the changed conditions and rationality of limitation of carrier’s liability.Next,there is a explanation of the controversy and practice of various countries about mental injury compensation and punitive damages.Finally,this chapter analyzes the demurring reasons endowed by international treaties.Chapter five discourses the issue of the improvement of the victims’ rights relief system of international air crash in our country.This section is the foothold of the whole text,which mainly discusses three problems:the defects of laws about the indemnity for air accidents,the improvement of the system and the suggestion to the Chinese victims of international air crash.As to the improvement of the victims’ rights relief system,the thesis not only based on the perfection of laws and regulations,but also advocate to expand the social ways of the victim’s right relief.
Keywords/Search Tags:International Air Accident, Carrier’s Liability, Warsaw System, the Montreal Convention
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