碩士 / 東吳大學 / 法律學系 / 94 / Abstract
Air Carrier’s liability gets the focus of each aspect always. Aviation is not only possessing important position on military, but also the mainly transportation between countries. Its possess on the important position on culture, economy and the politics of countries. For civil aviation, it is a kind of economic campaign mainly along with economic globalization. Along with China and Taiwan join WTO, the airline companies in domestic will face with powerful competitors directly and the market will be faced with more violent transform. By the way, the International Civil Aviation Organization (ICAO) convened Montreal convention in Montreal, Canadian , created a new responsibility norm, from formerly limited responsibility to infinite responsibility in order to balance the responsibility between passenger and air carriers. Although Taiwan didn’t sign the above-mentioned convention, however, the civil air aviation law of Taiwan is still foundation with the Warsaw convention. Then China ratificated the Montreal convention in April 2003. It will also make the original air aviation law of China faced with new change.
Along with the growth market between Taiwan, China, Hong Kong and Macao, according to the necessary of the economy, trade and visit relative, passenger goes to and back from this four area more frequently. In Taiwan, there are total 44,267,770 passengers, and the cargo and mail transportation up to 1,818,784 tons in 2005. As the Mainland China, the transportation total volume of civil aviation is next only to America, Germany, England and Japan. If add port of Hong Kong and Macao, it will be number 2 all over the world. How charming and exciting of the market they are! By the way, according to the political problem between this four areas, undoubtedly transportation damages responsibility problem will more complex. In this paper, I will focus on the civil aviation damages responsibility and core with Taiwan, China, Hong Kong and Macao.
As 1999 the Montreal Convention was set up, Hong Kong and Macao regression China in 1997 and 1999, as well as the special relation between Taiwan and China. If accident occurred once, it is not only a domestic law case, but also to form to involve the complex international law case concerning foreign affairs. The nationality of air carrier and nationality that damage occurred, the nationality of passenger, goods owner or destination maybe different. And the legal systems of each place are not the same. If the air carrier cannot estimating its amount of compensation in advance, it will be difficult for him to decide the insure amount to avoid from risk. As passenger’s damages, he will face with different legal stipulation between the four areas, and whether it signed convention or not. It is also not easy to exempt duty contract money even since air carrier is stipulated to mitigate responsibility to cause to put to the proof, will become to beg to repay. Then, this paper will try to take this as research scope, hope to be able to arrange and compare this four area about civil aerial damages and its effect.
Therefore, this paper is talked about the architecture of purpose, research scope and research reason first. Next, according to the regulation of Taiwan, China, Hong Kong and the Macao, I will make a introduction of the rule and content. Then compare the difference between this four areas will be the major content of full text, such as the generation of transportation contract the responsibility and limitation of air carrier, passenger and luggage. Furthermore, when accident is occurred, how to use the law and what’s the damages responsibility of air carriers will also be the main content .I hope that it will offer reference when damages happen between Taiwan, China, Hong Kong and Macao.
| Identifer | oai:union.ndltd.org:TW/094SCU05194029 |
| Date | January 2006 |
| Creators | Li-Chin Lin, 林麗琴 |
| Contributors | Chia-Jui Cheng, 程家瑞 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 148 |
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