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Research On The Law Conflict And Solution Of Aviation Product Liability

Posted on:2019-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:C DaiFull Text:PDF
GTID:2346330569988268Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In the past few decades,after the occurrence of aviation accidents,victims often first claim compensation from the air carrier for tort liability.For example,after the Paris air crash occurred,the families of aviation victims from various countries submitted to the US court.Hundreds of aviation product liability lawsuits.With the change of times,in order to circumvent the carrier's liability limit stipulated in the existing air transport conventions after the occurrence of aviation accidents,and thus increase the possibility of obtaining a greater amount of damages,the passengers and their families who are suffering may be related to aviation products.There are quality or design flaws that cause the accident to be the defendant to bring the product liability lawsuit to the defendant.However,due to the current lack of a unified international legal system for the liability of aviation products,there are often conflicting issues concerning the application of laws in aviation product liability litigation.Due to the special nature of aviation product liability itself,such as the existence of a large number of involved legal subjects with complex legal relationships,the specific performance of its legal conflicts is also different from ordinary cases.Therefore,on the basis of elaborating the specificity of aviation product liability and the causes of its legal conflicts,a comparative study of the regulations on the application of aviation product liability laws in the European Union,the United States,and other international regions will facilitate the search for a solution to the legal conflicts of aviation product liability.In view of the defects of China's current aviation product liability related system,relevant suggestions for improvement are proposed.In the course of proposing a solution to the conflict of laws approach,taking into account the difficulty of the establishment of international conventions,it proposes ways to improve the domestic legislation of each country and form a unified international legislation.And finally settled in the analysis of the defects of China's aviation product liability law application system,and provided corresponding suggestions for the improvement of China's aviation product liability related entity law and conflict regulations in accordance with the international conflict law solution path,and emphasized that China's promotion of aviation product liability related international legislation should be play a role.
Keywords/Search Tags:Aviation Product Liability, Conflict of Laws, Conflict Law, Solutions
PDF Full Text Request
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