|
|
Air carrier's liability to passengers
Suková, Petra ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
Air carrier's liability to passengers Abstract The thesis deals with the civil liability of a carrier towards passengers in air transport. The current legislation is unevenly spread over three levels - international, European and national - with its core being enshrined in the Montreal Convention, the scope of which is extended to all EU carriers by an EU regulation. The thesis analyses the relationship between the different levels of regulation. Particular attention is given to the exclusivity character of the rules contained in the Montreal Convention and the disputed interpretation of the exclusivity rule in legal theory and judicial practice. The author focuses on two main areas of air carrier liability to passengers and identifies problematic aspects of their legal regulation, stemming mainly from the lack of definitions of key terms. The first area is liability in the event of personal injury, where attention is given to the interpretation of the concept of an accident resulting in death or bodily injury to a passenger, and then to the interpretation of the concept of bodily injury, with a focus on the possible inclusion of psychological injury. The second area is the liability of the carrier in the event of delay; here the thesis examines the relationship between parallel regulations at international...
|
|
|
Topical issues of the regulation of international air carriage
Odstrčilíková, Tereza ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Topical issues of the regulation of international air carriage The main purpose of this work is to provide its readers with an overview of the many facets of passenger rights in such dynamic area as international air carriage. Development in this area has given rise to issues and challenges, including the overlapping of legal and geographical scopes of different air passenger protection instruments. Over the last decades, several air passenger protection regimes have developed across the world, in particular on international, European Union and national level. But does the patchwork work? The history of multilateral regulation in the field of international air transport with regard to air passenger rights could be said to have begun in 1929 when the Warsaw Convention was originally signed. The importance of the convention lies in unification of the rules concerning the documents of carriage and the liability of air carriers. In 1955 the Warsaw Convention was amended by the Hague Protocol, which substantially redrafted, modernized and simplified rules relating to the documents of carriage as well as doubled the limit of carrier liability with respect to persons. The Warsaw Convention's application was subsequently extended to the carriers actually performing the transport by air when a passenger...
|
|
|
Topical Issues of the Regulation of International Air Carriage
Zubrová, Anna ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
Resumé The thesis titled "Topical Issues of the Regulation of International Air Carriage" concerns itself with legal regulation germane to operating the international carriage by air. It is focused on carriage of cargo; carriage of passengers is only marginally mentioned. In the first chapter the author of the thesis defines the term of transport, transport law and compares the advantages and disadvantages of the means of transport in connection with the carriage of cargo. The second chapter of the thesis deals with the term of aviation law, historical development of the air transport and introduces the most important international organizations in the field of the civil air transport. The third chapter is dedicated to the historical development of the legal regulation in the field of the civil air transport, mainly the international legal regulation carried out by the Montreal Convention and the Warsaw Convention (with its amendments). This chapter also deals with the legal regulation of the European Union and analyses some selected EU regulations and describes national laws (mainly Civil Aviation Act). In this chapter there is also included the analysis of sources of the legal regulation and their mutual relations. It also explains the basics of the methods of regulation in the international private law -...
|
|
|
Convention for the Unification of Certain Rules for International Carriage by Air of 1999 (Montreal Convention) with a focus on the scope of application
Michl, Jan ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The purpose of the thesis is to analyse the scope of application of the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28th May 1999 (Montreal Convention). The thesis comprises four chapters, each which deals with different aspects of the scope of application of the Montreal Convention. The thesis is approached by the analytical method using classical four methods of interpretation and is based mainly on foreign sources: English, American, Canadian and German in particular. It includes up-to-date relevant court decisions, primarily from American courts and the Court of Justice of the European Union. Czech sources are used especially when dealing with theoretical and general questions. No Czech court decision is included as by the time of handing in this thesis there was no accessible decision of any higher court of the Czech Republic. Chapter one deals primarily with Article one of the Montreal Convention which contains some important terms having effect on the scope of application of the Convention as well as containing the term international carriage. Further in this chapter is discussed the subject-matter scope of application of the Convention and instruments expanding the scope of application of the Montreal Convention (successive...
|
|
|
The air transportation and consumer rights
Knotková, Martina ; Horová, Olga (advisor) ; Fořt, Martin (referee)
The thesis is focused on dynamically developing field of the air transportation. It is based on rights and duties of airlines and consumers. It is mapping the most important current law moves of Czech Republic which has been changed and agreed for a consumer protection. It describes consumer rights in the case of a flight delay and cancellation, refusal of entry on the plane and in the case of baggage problems. It also touches the issues of advertised price of plane tickets. It is followed by the analysis of current situation of the observance of consumer rights and their point of view on some controversial topics.
|
guest ::
