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Rights of passengers in international air transport and the influence of COVID-19 pandemic
Čermák, Filip ; Pauknerová, Monika (advisor) ; Zavadilová, Marta (referee)
Rights of passengers in international air transport and the influence of COVID- 19 pandemic Abstract The thesis is devoted to the legal regulation of the relationship between passengers and air carriers in air passenger transport. The text is set in a general historical framework, which illustrates the rapid development of air transport from the 1920s to the present day, with special emphasis on the modern era. One of the aims of the study is to show how difficult it is for the legislator to respond to ongoing changes in the industry as well as unexpected events such as the COVID-19 pandemic. The central theme is then the analysis of Regulation 261/2004 of the European Parliament and of the Council, one of the most important pieces of legislation on the relationship between passengers and air carriers. The thesis presents the system of regulation enshrined in this Regulation, its strengths and weaknesses - taking into account the extensive case law of the Court of Justice of the European Union - and shows the impact of the above-mentioned pandemic in this area (the common cancellations of flights due to anti-epidemic measures led to frequent application of Regulation 261/2004 and to heated debates on some of the newly emerging controversial issues). It is pointed out that the problematic aspects of the...
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Current Issues of Legal Regulation of International Carriage by Air
Pithart, Jan ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
English Abstract Current Issues of Legal Regulation of International Carriage by Air This thesis focuses on certain current issues connected to international carriage by air. Air transport is vital and steadily growing part of global economy. Rapid growth of the sector during 20th century also showed need for legal regulation reflecting its specifics. The first charter of the thesis briefly reviews developments of international public law since the beginning of the last century. International public law may be regarded as a backbone of legal framework of civil aviation. This may be said mainly about the Chicago Convention that not only provided essential consensus between states on basic rules for international carriage by air, but also established the International Civil Aviation Organisation (ICAO). ICAO may be regarded as an essential platform for establishing new legal framework for aviation on global level. The second part of chapter one deals with certain issues of international private law related to carriage. In this respect it describes development from the Rome Convention of 1980 to EU Regulation Rome I. Differences between the two have been briefly described in this section. Furthermore I deal with the controversial issue of choice of law in contract of carriage between the carrier and...
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Passengers claims in air transport under the Regulation (EC) of the European Parliament and of the Council No. 261/2004
Koudela, Martin ; Zavadilová, Marta (advisor) ; Pfeiffer, Magdalena (referee)
Passengers claims in air transport under the Regulation (EC) of the European Parliament and of the Council No. 261/2004 Abstract The subject of this diploma thesis is the claims of air passengers, especially those arising from Regulation (EC) 261/2004 of the European Parliament and of the Council, but also according to other regulations of private international law. The thesis is divided into four parts, which, with regard to the nature of the topic, combine both theoretical and practical aspects. The first part provides an introduction to the issue by setting it in the historical context of civil aviation regulations and then discusses important documents in the field of air passenger rights. In particular, it compares these documents with each other and provides the reader with a practical overview of these documents. The second part deals with the Regulation (EC) 261/2004 of the European Parliament and of the Council, which is the central legal regulation of this work. First, the author describes the context and process of adoption of the Regulation and then deals with the individual parts, while supplementing the theoretical interpretation with numerous references to the case law of the Court of Justice of the European Union. Subsequently, the circumstances of the ongoing amendment of the Regulation are...
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Rights of passengers in international air transport
Chrást, Patrik ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Název diplomové práce a abstrakt v anglickém jazyce, klíčová slova Title of the thesis: Rights of passengers in international air transport Abstract The number of passengers carried by international air transport grows steadily every year and thus also the number of irregularities which may disrupt passengers' travel plans increases accordingly. It is important that in such cases passengers are appropriately looked after and that they may, in accordance with valid instruments of law, seek compensation for damages incurred as a result of such irregularities. By means of analysis of select significant legal instruments of private international law and European law the author aims to point out parts of these regulations that present difficulties when they are to be applied, their meaning is not unambiguous, the interpretation is not uniformed, or the regulations are incompatible with one another. The author then avails of this analysis to propose certain amendments to the existing legislation on air passenger rights in the last chapter of the thesis. In order to achieve the set goal, the author utilizes information not only from academic literature and specialized publications, but also from wide variety of case law, in particular judgements of the Court of Justice of the European Union. Author's own...
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Protection of Passenger Rights under European Private Law
Mikešová, Veronika ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The topic of this thesis is rights of passengers under European private law. This issue is important for most people, since there is continuous expansion in travelling. Although passengers have quite extensive rights, they are often not aware of what they are entitled to during travelling. Therefore it is necessary to try promoting awareness of passengers about the rights which they have. One of the aims of this thesis is to create a comprehensive overview of rights of passengers in rail, road, water and air transport under European private law and to analyze some of the problematic provisions of the relevant EU regulations. Another aim is to compare regulations of individual modes of transport, in particular with regard to air transport, which seems to be the most widely regulated one, and to find out whether there could be uniform regulation for passenger rights in all modes of transport. In addition to introduction and conclusion, this thesis is divided into five chapters further divided into subchapters, while the first chapter serves rather as the basis for the next chapters and besides the definition of the term "passenger" introduces the sources governing passenger rights along with other non-binding documents created by the European Parliament and the Commision. The second to the fifth...
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A contract for carriage of person
Čapek, Michal ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
IN ENGLISH This rigorous thesis is dedicated to the passenger transport contract according to the Civil Code. At the beginning of thesis is dedicated the history of transport and transport contracts. Historical development of the contract influenced the legal rules of road and railway transport issued many years later. In the thesis are defined relevant sources of law. European legislation is very important for regulations this field. Public-law sources play a major role in the legal regulation of passenger transport contract. The passenger transport contract is, in most cases, a consumer contract, based upon the assumption taken over from EU law that protecting the passenger - i.e. consumer - is one of the key goals of legal regulation in this field. The thesis contains detailed analysis of basic terms related to passenger transport contract. Significant part of thesis part focuses on rights and duties of the contractual parties. These two basic entities are not, in fact, on an equal footing. It is the carrier, who generally acts as the stronger party. One of the purposes of the legislation is to protect the weaker party - i.e. the passenger. The thesis is dedicated to the responsibility of contracting parties. If a party to a legal relationship fails to meet their obligations, corresponding...
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Current Issues of Legal Regulation of International Carriage by Air
Pithart, Jan ; Pauknerová, Monika (advisor) ; Dobiáš, Petr (referee)
English Abstract Current Issues of Legal Regulation of International Carriage by Air This thesis focuses on certain current issues connected to international carriage by air. Air transport is vital and steadily growing part of global economy. Rapid growth of the sector during 20th century also showed need for legal regulation reflecting its specifics. The first charter of the thesis briefly reviews developments of international public law since the beginning of the last century. International public law may be regarded as a backbone of legal framework of civil aviation. This may be said mainly about the Chicago Convention that not only provided essential consensus between states on basic rules for international carriage by air, but also established the International Civil Aviation Organisation (ICAO). ICAO may be regarded as an essential platform for establishing new legal framework for aviation on global level. The second part of chapter one deals with certain issues of international private law related to carriage. In this respect it describes development from the Rome Convention of 1980 to EU Regulation Rome I. Differences between the two have been briefly described in this section. Furthermore I deal with the controversial issue of choice of law in contract of carriage between the carrier and...
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Selected legal issues of international passenger transport
Vosátková, Karolina ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
Selected legal issues of international passenger transport The topic of the diploma thesis is 'selected legal issues of international passenger transport'. The aim of the thesis is to analyse the issues of substantive law related to the liability of carriers and rights of passengers in the international rail, road and air transport. The thesis focuses on applicable legislation of liability of carriers and rights of passengers, but also deals with the legislation proposed pro futuro. The diploma thesis is divided into seven chapters, further divided into subchapters. In the introduction the thesis defines the term 'international passenger transport' and summarises its key legal sources. Further, it addresses the conflict of law rules applicable to the contract on international passenger transport. The core of the thesis is in the following chapters that deal with the direct substantive rules governing the liability of carriers and rights of passengers in individual types of transport, which are contained especially in multilateral international conventions and secondary legislation of the European Union. The conclusion of the thesis summarises and assesses the analysed legal issues in the researched legislation. The first, opening chapter contains the introduction to the topic of legislation related...
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