Open AccessLiability of an Air Carrier for Personal Damage
Author(s) -
Oliwier Mendala,
Jarosław Kozuba
Publication year - 2021
Publication title -
journal of konbin
Language(s) - English
Resource type - Journals
eISSN - 2083-4608
pISSN - 1895-8281
DOI - 10.2478/jok-2021-0030
Subject(s) - liability , interpretation (philosophy) , legal liability , law , order (exchange) , political science , personal injury , civil code , dimension (graph theory) , civil law (civil law) , law and economics , business , sociology , commercial law , computer science , finance , programming language , mathematics , pure mathematics
The aim of the study is to present the principles of civil liability for damage caused to a passenger for which an air carrier is responsible, regulated by the Warsaw and Montreal Conventions, and the norms of national law providing issues that are not included in international law acts. The paper presents a historical overview of the applicable Conventions. The provisions of the Polish Civil Code that are useful for interpretation of law institutions and complement the legal norms contained in the Conventions are also presented. The compiled issues put the legal norms contained in various law systems in order by indicating the practical dimension of the pursuit of potential claims by passengers vis-à-vis air carriers. This is followed by a discussion of the grounds for excluding third party liability of an air carrier in case of excessive or illegitimate claims of the carrier’s clients, and of the insurer.