碩士 / 中華科技大學 / 航空運輸研究所 / 107 / Nowadays is a era of globalization, the commercial activity between countries have become more frequent. And various commercial activities rely on the development of the aviation industry to shorten the time and space between countries, especially passenger transportation and cargo transportation. The transportation is carried out by the aircraft, but due to various factors, the problem of damages is often caused by the failure of the debt. Taking passenger transport as an example, the most serious problem is the air crash, but it is often caused by delays in flights, cancellation of flights, and delays in passengers being denied boarding.
In the case of multinational freight transport, the goods start from the consignor's delivery and entrusted logistics company, and end when the recipient accepts the goods. In the middle, there are several people, such as logistics companies, international air transporters, warehouse companies, customs , land transport carriers, etc. However, how to divide the responsibility? It is an important issue when damages occur. Therefore, it is necessary to clarify the responsibility of air carriers. The responsibility of air carriers is different. The laws and regulations of different countries are also different. In order to unify the differences between countries, there are so-called Warsaw Conventions and Montreal Conventions. According to the judgments issued by the courts, most of the problems in the trial of passenger or freight damages in the courts of our country are based on the Civil Law and the Civil Aviation Law and the Consumer Protection Law. Although Taiwan has not joined the World Civil Aviation Organization and have not been affiliated with International conventions, in order to keep up with the international footsteps and protect consumer rights, it is necessary to abide by international regulations, review and amend Taiwanese laws and regulations.
This article will analyze the above-mentioned international conventions and rules, and discuss the reasons for the practical judgment of relevant cases in our courts. From these, we can see that the usage of freight will only become more and more ordinary. Therefore, formulating laws and regulations that are consistent with modern logistics to regulate the liability of air carriers is an indispensable cornerstone for stabilizing the economic development. With the analysis and collation of this research, we hope that the relevant laws and regulations of Taiwan for regulating the liability of air carriers can be more in line with international norms, which can not only ensure our country's compliance. Things flow operators can meet the legal effect of logistics related activities, and we can set our logistics industry smoothly so that goods can be shipped out smoothly and our economy will become more prosperous.
| Identifer | oai:union.ndltd.org:TW/107CHIT0295004 |
| Date | January 2019 |
| Creators | SHEN, CHANG-CHING, 沈長慶 |
| Contributors | HUANG CHANG HUNG, 黃昌宏 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 128 |
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