Dissertation > Political, legal > Legal > Chinese law > Economic Law > Of economic and transportation of Posts and Telecommunications Management Act

Legal Issues on the Airline E-tickets

Author ShiYouQin
Tutor ZhangMingSheng
School Nanjing University of Aeronautics and Astronautics
Course Economic Law
Keywords Electrical contract Airline e-tickets Airline e-tickets contract Legal nature the procedure of making a contract Dispute jurisdiction
CLC D922.296
Type Master's thesis
Year 2009
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The airline e-ticket was first used in the US in 1993, and it has substituted the traditional paper airline ticket gradually. But in the theoretical and practical field, there are lots of problems which need to be solved. Regarding to the legal nature of airline e-ticket, the stipulations in the present "Civil Air law" in China not only go against with "Contract Law", but also against with“the Montreal Convention”in 1999. Because of the special nature of the airline e-ticket, there arise the questions including the procedure of offer, acceptation; the ascertainment of the time and the location of a contract; the legal deliver of an e-ticket; and the result of confirming the content of the contract. As a result of the conflict between the legal natures of an e-ticket, the problem of the dispute jurisdictions arises. These theoretical and practical problems actually restrict the development of the aviation transportation industry in China.With the methods of value analysis, comparative analysis, dialectical analysis and empirical analysis, the author starts from the definition of the airline electronic ticket; analyzes the conflicts between the stipulations on the airline e-ticket in China and that in the international treaties; discusses the legal nature of the airline e-ticket, the procedure of making a contract of airline e-ticket and the ascertain of the dispute jurisdictions; by learning from the international aviation civil laws and the practice of the legislation in the developed countries; provides the corresponding solutions in hopes that they can be the theoretical supports and safeguards for the developments of the civil aviation industry in China.After the research, the author makes the following final conclusions. Firstly, taking“the Montreal Convention”in 1999 and“the Contract Law”in China as reference to edit and make up the present“Civil Law”, we can clear the legal nature of the e-ticket to accommodate the development of the civil aviation industry in China. Secondly, with more legislation and regulations from civil aviation administration in China, we can clear the procedure of making a contract further. Thirdly, referring to the legal spirit of“the Consumer Protection Law”in China——for the benefits of the passengers, we should make more laws and the interpretations better for the passengers and use the flexible methods to determine the dispute jurisdiction.

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