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Analysis of the institute of extraordinary circumstances, or the curtailment of air passenger rights: Theory practice and future development
Bartošík, Lukáš ; Exner, Jan (advisor) ; Šmejkal, Václav (referee)
Title of the writing: Analysis of the institute of extraordinary circumstances or abbreviation of air passenger rights: Theory, practice and future directions Abstract Air passengers have a number of rights against air carriers under EU law. One of these rights is the right to a flat-rate compensation in the event of cancellation or significant delay of a flight. Cancellations or significant delays can be caused by a wide variety of circumstances. If these circumstances are extraordinary and could not have been prevented by the carrier using all reasonable measures, passengers are not entitled to compensation and the carrier is thus relieved of its obligation. Extraordinary circumstances in air transport are very often applied in practice as a means of relieving the carrier of its obligation to pay damages to air passengers. Unfortunately, this remedy is enshrined in the legislation in a very vague and indeterminate manner, in the form of vague legal terms. It can therefore be abused in practice to the detriment of passengers. The Court of Justice of the European Union, in the context of the preliminary ruling procedure, does interpret the institute, but again using general and vague terms, which requires further specification by means of further preliminary questions. This paper aims to explain the meaning...
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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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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...
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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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