AIRCRAFT LAW

Author: PAZ MARTIN JOSE LUIS DE.
Year: 2004.
University: CASTILLA-LA MANCHA.
Place of defense: FACULTAD DE DERECHO Y CIENCIAS SOCIALES (CIUDAD REAL).
Place of preparation: FACULTAD DE CIENCIAS JURIDICAS Y SOCIALES (TOLEDO).

Summary: From the start of commercial aviation revealed that the reality jurídico-fáctica the resulting required regulatory instruments specific and substantive special rules. In the area of private law, in particular as far as civil liability is concerned, the Convention for the Unification of Certain Rules Relating to the Air Transport (Warsaw, 1929), responded to this need. The crisis in the system that gave its name to the 1929 Convention System (Warsaw), which include various conventions and protocols amending and complementary, resulting in the emergence of the Montreal Convention of 1999, which came into force in Spain on 28 of June 2004. The purpose of this dissertation what sets the joint study of the Warsaw Convention of 1929 and the Montreal Convention of 1999 (using as a main reference to the latter, and based on the existing jurisprudence Spanish pursuant to the previous rules), of factors that have constrained the development of first and second and the emergence of their particular coexistence with the supranational standards, and internal self. The thesis is divided into five chapters. In the first, we analyze the factors that determine the seat legislative, technical regulations, rules on air carrier liability and interpretation. These factors include the inherent quasi internationality of air transport (projected mainly on the seat legislative and technical regulations (international conventions uniform substantive law), the concurrence of qualified risks and protecting the interests of the individuals involved in a contract of International Carriage by Air (carriers and shippers or passengers). In the second chapter examines the various regulatory regimes for private air (convenciona, supranancional, self-regulation and internal), compatibility -incompatibilidad the same and the fundamentals common to regulating materials that establish liability risk and limited liability. Chapters third and fourth, respectively discusses different assumptions legal liability of the carrier of international air freight and international air carrier of people (passengers and luggage) established in the conventional regimen (Warsaw Convention of 1929 and the Montreal Convention of 1999) and supplemented, in the case of air transport of persons, by Community law. Lastly, in Chapter fifth determining the law applicable to the issues and the alleged liability is not covered by the various regulatory regimes materials analyzed.