碩士 / 東吳大學 / 法律學系 / 105 / Air transportation is not limited by ground conditions, it has higher cost than inland and marine transportations, because of speed requirements, it still has an important role in transportation industry. The international economy tends to
liberalization and globalization, to improve the competitiveness of air transportation, it is an important issue to integrate related norms and regulations for air transportation.
Air transportation has time advantages, however, we take security and legal liability into considerations, it needs warrants to define contractual parties’ responsibilities and scope of services. Any mode of transport requires warrants
to define the scope of service and transportation, air transportation will not escape this mode. This thesis would like to discuss the legal nature of Air Waybill, which is one of the necessary documents for the delivery of air cargo. First to introduce the practice of air transportation, second to discuss the legal nature of Air Waybill in international law and domestic law. The Civil Aviation Law does not have a special chapter for Air Waybill regulations, however, The Maritime Law has a special chapter for Bill of Lading regulations, therefore, the legal nature of Bill of Lading is more clear than Air Waybill. This thesis would like to return to provisions of the Bill of Lading in Taiwan Civil Code and compares with differences through international treaties. Finally this thesis refers to Taiwan Court judgments to infer that Air Waybill is not the Bill of Lading regulated by Taiwan Civil Code. When concluding that Air Waybill is not the Bill of Lading regulated by Taiwan Civil Code, thesis would like to try best to propose some suggestions for legislation, hoping it will be helpful for developments of air transportation.
It costs lots of time to preserve paper Air Waybill, which has substantial controversies for legal nature and legal effect, with the rapid rise of E-Commerce,
electronic Air Waybill is imperative, this thesis would like to discuss Air Waybill for issuing, submission, production and acceptance, it also discusses the difference between paper Air Waybill and electronic Air Waybill based on international conventions and existing law provisions.
| Identifer | oai:union.ndltd.org:TW/105SCU00194035 |
| Date | January 2017 |
| Creators | HORNG, TING-KANG, 洪挺剛 |
| Contributors | 楊鴻基 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 71 |
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