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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...
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Topical issues of the regulation of international air carriage
Benda, Matěj ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Topical issues of the regulation of international air carriage The object of this thesis is the regulation of international air carriage, which is by its nature governed mainly by international treaties and secondary law of the European Union. The thesis is divided into five parts, which are cross-sectional focused on all aspects of air carriage. The first part informs about the historical development of aviation and its contemporary importance especially with regard to its economic and environmental significance. Basic concepts which can be found by readers in this thesis are not omitted as well. The second part focuses on the regulation of international air carriage from the perspective of International, European and Czech law. As mentioned in this thesis, the carrier's liability when the loss event that is expected by legislators happens is governed mainly by international treaties and secondary law of the European Union, that is why the third part is focused on its most important legal sources also with the regard to their interrelation which was defined by the Court of Justice of the European Union. Since it is necessary to extensively inform passengers about their rights, the author decided to do so in the fourth part of this thesis, which deals with the passengers' claims, in the case of...
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