Topical issues of the regulation of international air carriage: the liability of an air carrier with respect to passengers

This thesis deals with those issues in regulation of international air carriage, which are in the centre of interest of passengers. Author focuses on two key legal instruments establishing different regimes of air carrier's liability. The first one is the Convention for the Unification of Certain Rules for International Carriage by Air, also known as the Montreal Convention. The second is European regulation no. 261/2004, also known as the Air Passengers' Rights Regulation. The key question is whether these liability regimes are completely separate or they overlap. After introductory chapter, Chapter 2 follows, dealing with historical development of legal regulation in the field of air carriage liability. Evolution of the so called Warsaw system is described and the Montreal Convention and some of the most important European regulations are presented. Next chapter focuses on theoretical aspects of air carrier's liability in the light of Czech civil law jurisprudence. These findings are applied both to the Montreal Convention and to the regulation no. 261/2004. Provisions of the Montreal Convention are examined in Chapter 4. Scope of application as well as the most problematic terms such as "accident" or "bodily injury" are discussed. Some well known courts' findings are presented to demonstrate how..