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On Collateral Obligation Under Flight Delay

Posted on:2020-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XuFull Text:PDF
GTID:2416330578964385Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
China's air transport industry is booming of development,with the in crease of air transport volume,flight delays are also increasing.Flight delay is unavoidable,while carriers often fail to act or solve problems ineffectively.Flight delay,a common phenomenon,has become a trigger for confl icts between airlines and passengers.Therefore,passengers often vent their discontent by making unreasonable noise or action at the airport,and try to safeguard their rights and interests in this way.So,it is very important to explore the carrier's collateral obligations in the delay to resolve disputes and protect the interests of passengers.The first part of the article,first of all,reviews the relevant theories of flight delay and collateral obligations.Then it defines the collateral obligation of flight delay from two angles of definition and function.The second part of the article,elaborate the collateral obligation under flight delay,mainly include two aspects of the legislative status and the current situation in practice.Currently the definition of flight delay is ambiguous in legislation,the classification of flight delay is unreasonable,the standard of performance of main collateral obligations is not clear,and the non-contractual terms of flight time.In practice,there are also some problems,such as incomplete information,flaws in the way of informing,u nnecessary conditions for refund and renewal of tickets,the duty of carin g only involves some passengers,not provide accommodation or necess arily information about accommodation to passengers,unclear accommod ation standards,unclear diet standards and so on.The third part of the article discusses the consequences of the coll ateral obligation of the carrier.Firstly,it discusses whether passengers have the right to terminate the contract,the conditions for termination and the consequences of termination.Secondly,the liability of the air shipper for breach of the collateral obligation is discussed.Mainly related to the principle of liability,constitutive elements and specific ways of responsibility.The fourth part of the article discusses the legislation and practiceof the collateral obligation of extraterritorial flight delays.Mainly investigati ng the more developed regions and countries of aviation industry such as the European Union and the United States.This paper summarizes the experience of legislation and law enforcement that can be used for reference in dealing with flight delay and carrier's related collateral obligations in China.The fifth part of the article puts forward reform proposals through the above analysis,which mainly involve changing legislative attitude,narro wing the scope of reasonable delay,defining the standard of performance of collateral obligations(including defining the time of notification,expanding the content of notification,defining the standard of fulfillment of the obligation of assistance,applying the duty of care to all passengers,respecting the rights of passengers to choice and actively fulfilling the obligation of remedy),and establishing pluralism.
Keywords/Search Tags:flight delays, air passenger transport contracts, collateral obligation
PDF Full Text Request
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