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Application of Laws of PRC Concerning Air Transport Lawsuits: What Should We Do in the Future?
Law Faculty, Civil Aviation University of China, Tianjin, China
- 1 Law Faculty, Civil Aviation University of China, Tianjin, China
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Abstract
It is found that some of the conflicts among Chinese domestic private laws relating to carriage of passengers by air may be settled according to the law application rules and while some may not. The author also observes the roles played by the legislative body of China on the conflicts among domestic private laws. This paper concludes that the issues on the application of laws will be a long-term puzzle for Chinese Lawyers. This paper proposes to revise the laws, especially the Civil Aviation Law forthwith.
KeywordsApplication of LawsAir Carrier’s LiabilityConflictsAir Transport Lawsuits
- Article 289 of the Contract Law.
- Articles 290 and 299 of the Contract Law.
- Article 291 of the Contract Law.
- Article 298 of the Contract Law.
- Article 300 of the Contract Law.
- Article 301 of the Contract Law.
- Articles 302 and 311 of the Contract Law.
- Paragraph 1, Article 303 of the Contract Law.
- Articles 312 of the Contract Law.
- Articles 61 of the Contract Law.
- Article 127 of the Civil Aviation Law.
- Article 28 of the Tort Law.
- Articles 124 and 125 of the Civil Aviation Law.
- Article 17 of the Tort Law, Which Reads: “Where the Same Tort Causes the Deaths of Several Persons, a Uniform Amount of Death Compensation May Be Determined.”
- Article 29 of the Tort Law
- Paragraph 2, Articles 303 and 311 of the Contract Law.
- Article 117 of the Contract Law.
- Article 131of the Civil Aviation Law.
- The Principle Was First Affirmed by the Article 83 of the Legislation Act.
- Minyi, T. and Yu, C. (2004) On International Private Law. Law Press, Beijing, 111. In This Book, the Author Believes That the International Conventions on Air Carriers’ Liability Belong to Private Law on Theory. So the Meaning of International Private Law Is Different from That of Private International Law, Which Regulates the Conflicts Issues among Different Countries’ Laws and Determines Which Country’s Law Shall Be Applied to a Case.
- Article 122 of the Contract Law.
- Article 24 of Warsaw Convention, 1929 and Article 29 of Montreal Convention1999.