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Passenger’s Personal Tort Liability Of The Transport Contractor In The International Civil Aviation Transport

Posted on:2017-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y X HuangFull Text:PDF
GTID:2296330488970432Subject:Law
Abstract/Summary:PDF Full Text Request
With the maturity of Civil Aviation Technology, traveling by civil aviation has become a common means of transportation. With the progress of globalization, it has led to the development and expansion of the international civil air transport industry, during this period, the international civil aviation accidents occur frequently unavoidable. After the occurrence of the international civil aviation accident, should the international civil aviation transport contractor bear the tort liability for the damage to passengers, and how do they take the responsibility; these will become an important issue. This article will focus on the tort liability system of the international civil aviation transport contractor to the personal injury of passengers. From the perspective of theory, I will analyze the three major legal issues of international conventions, including the principle of liability, the limitation of liability and the scope of responsibility. Finally, according to China’s current situation of legislation and judicial practice, propose recommendations to improve the system of tort liability of civil aviation transport contractor in China.This article is divided into three parts:In the first part, it mainly elaborates the concept of the international civil air transport and the elements of the tort. To clarify how to identify the international civil air transport, and explain the four major elements of the international civil air transport tort. In the second part, I will discuss and analyze three major legal issues which were involved in the tort liability of the international civil aviation transport contractor, and the relevant provisions of the international conventions. In the third part, I will describe the current situation of civil aviation legislation in China, and finds the problems in it. Using the successful experiences from abroad for our reference, then combined with the actual situation in our country, Put forward some suggestions to improve the tort liability system of civil aviation transport contractor in our country.
Keywords/Search Tags:International Civil Aviation, Principle of Liability, Limitation of liability, Scope of Responsibility
PDF Full Text Request
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