A Study on Air Carrier’s Liability in International Carriage of Taiwan and Mainland China
|Keywords||Carrier liability Strait Aviation Liability regime|
Cross-strait direct links issue the long run, should return to the economic and legal substance surface to explore, both sides began to make a win-win . And who is that cross-strait transport of heavy \, the carrier upon receipt of the goods, are delivered to the shipper for the air waybill safekeeping known air cargo transportation portion derived legal dispute , intimately bound with the air Waybill , and in the cargo area of ??this law better, so this distinction passenger casualties delay section focuses on the carrier's carrier liability and other liability regime for passengers to explore . After finishing comparison between Taiwan and the mainland carrier's liability regime regulations and practices , this paper argues passenger casualties on Taiwan and the mainland , the delay portion of the carrier's liability scheme, a passenger casualties mainland carrier liability rules and practices based on more appropriate ; the delay is part of the carrier's liability under the Taiwan regional regulations and practices more appropriate. Thus , if the passengers , shippers and carriers are nationals of aviation accidents sides dispute , and the court in Taiwan, the paper argues that the law should apply to foreign-related civil provisions , the cross is positioned as bonds or tort relations between the mainland passenger casualties section applies regional requirements , while part of the responsibility of the carrier delay is applicable to the relevant provisions of the Taiwan region , to achieve protection of passengers , shippers and air transport practices conform with the trend .