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Discussion On Air Passenger Carriage Carrier's Collateral Obligation

Posted on:2016-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:M L XiaFull Text:PDF
GTID:2336330503988231Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Collateral Obligation passenger air carrier contract refers to the carrier in order to better fulfill the passenger contract?It is based on the principle of good faith on both sides or not a certain behavior. Which is derived from the old "King clause"- principle of good faith, unlike the main payment obligations, payment obligations from the first contractual obligations,after the contractual obligations, has its own unique character.China's aviation legislation accompanying obligations for carriers to do the relevant provisions, including the opportunity to inform the passenger information to inform attention to information security, told overbooking issues, to assist disabled passengers boarding, assist in arranging accommodation, confidential personal information such as passenger duty. In this paper, it is categorized and summarized in the aviation judicial practice how to identify the accompanying obligations, which in principle should be used.Air carrier liability for breach of contractual obligations accompanying responsibility in a broad sense, which is different from a simple breach of contract or tort liability.Responsibility should be used when found fault liability principle, the use of burden of proof way to ensure that substantial justice. After the air carrier in violation of the accompanying obligations, guests can take relevant way on the right remedies, including damages, continue to fulfill the request, or terminate the contract and so on.
Keywords/Search Tags:Air Carriers, Passenger Contract, Collateral Obligation, Contractual liability
PDF Full Text Request
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