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| Författare: | Giemulla Elmar
, Schmid Ronald
, red.
| | Titel: | Convention for the Unification of Certain Rules for International Carriage by Air, Done at Montreal on 28 May 1999 (Montreal Convention of 1999) | | Utgivningsår: | 2022 | | Omfång: | 928 sid. | | Förlag: | Kluwer Law International | | ISBN: | 9789403543208 | | Produkttyp: | Inbunden | | Ämnesord: | Internationell rätt
, Utländsk rätt
, Övrigt
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Pris: 4996 SEK exkl. moms  |  Convention for the Unification of Certain Rules for International Carriage by Air is an indispensable volume consisting of the full English text of the Montreal Convention of 1999 with detailed article-by-article annotation, including all developments to date in case law, legal literature, national and international legislation, and administrative law. After decades of controversy, a unified liability system for international carriage by air was established by the Montreal Convention of 1999, which came into force in November 2003. The legal labyrinth created by the numerous perplexing accretions that had attached themselves to the Warsaw Convention was replaced by the new convention.
What’s in this book:
The following crucial aspects of the ongoing developments have been addressed:
- applicability of the Convention;
- documents for carriage;
- liability for death or injury of passengers;
- liability for damages to baggage and cargo and for delay;
- exoneration from liability;
- carriage involving a contractual and an actual carrier;
- time limits for filing a claim and forfeiture;
- jurisdiction;
- exclusivity of the Convention versus applicability of national law; and
- insurance issues.
This unique book also features a synopsis comparing the Warsaw and Montreal Conventions, IATA Conditions and Resolutions, relevant European Union Regulations, and a list of the contracting parties to the Convention.
How this will help you:
In light of the fact that the Montreal Convention’s application during its first two decades has already documented a promising and forceful new beginning in the complex area of air transport liability, this incomparable research tool will prove to be highly informative and a guide for anyone battling legal issues arising from civil air law, including lawyers, policymakers, insurers and academics.
Table Of Contents
About the Authors
List of Abbreviations
Preface
Montreal Convention 1999
Introduction: The System of Liability under the Warsaw Convention and Its Further Development by the Montreal Convention
Elmar Giemulla
CHAPTER I - General Provisions
Article 1: Scope of Application
Elmar Giemulla
Article 2: Carriage Performed by State and Carriage of Postal Items
Elmar Giemulla
CHAPTER II - Documentation and Duties of the Parties Relating to the Carriage of Passengers, Baggage and Cargo
Article 3: Passengers and Baggage
Ronald Schmid
Preliminary Remarks on Articles 4–16
Wolf Müller-Rostin
Article 4: Cargo
Wolf Müller-Rostin
Article 5: Contents of Air Waybill or Cargo Receipt
Wolf Müller-Rostin
Article 6: Document Relating to the Nature of the Cargo
Wolf Müller-Rostin
Article 7: Description of the Air Waybill
Wolf Müller-Rostin
Article 8: Documentation for Multiple Packages
Wolf Müller-Rostin
Article 9: Non-compliance with Documentary Requirements
Wolf Müller-Rostin
Article 10: Responsibility for Particulars of Documentation
Wolf Müller-Rostin
Article 11: Evidentiary Value of Documentation
Wolf Müller-Rostin
Preliminary Remarks on Articles 12–15
Wolf Müller-Rostin
Article 12: Right of Disposition of Cargo
Wolf Müller-Rostin
Article 13: Delivery of the Cargo
Wolf Müller-Rostin
Article 14: Enforcement of the Rights of Consignor and Consignee
Wolf Müller-Rostin
Article 15: Relations of Consignor and Consignee or Mutual Relations of Third Parties
Wolf Müller-Rostin
Article 16: Formalities of Customs, Police or Other Public Authorities
Wolf Müller-Rostin
CHAPTER III - Liability of the Carrier and Extent of Compensation for Damage
Article 17: Death and Injury of Passengers: Damage to Baggage
Ronald Schmid
Preface to Article 18
Wolf Müller-Rostin
Article 18: Damage to Cargo
Wolf Müller-Rostin
Article 19: Delay
Ronald Schmid
Article 20: Exoneration
Elmar Giemulla
Article 21: Compensation in Case of Death or Injury of Passengers
Elmar Giemulla
Article 22: Limits of Liability in Relation to Delay, Baggage and Cargo
Elmar Giemulla
Article 23: Conversion of Monetary Units
Elmar Giemulla
Article 24: Review of the Limits of Liability
Elmar Giemulla
Article 25: Stipulation on Limits
Elmar Giemulla
Article 26: Invalidity of Contractual Provisions
Elmar Giemulla
Article 27: Freedom to Contract
Ronald Schmid
Article 28: Advance Payments
Ronald Schmid
Article 29: Basis of Claims
Elmar Giemulla
Article 30: Servants, Agents: Aggregation of Claims
Elmar Giemulla
Article 31: Timely Notice of Complaints
Elmar Giemulla
Article 32: Death of Person Liable
Elmar Giemulla
Article 33: Jurisdiction
Regula Dettling-Ott
Article 34: Arbitration
Regula Dettling-Ott
Article 35: Limitation of Actions
Regula Dettling-Ott
Article 36: Successive Carriage
Wolf Müller-Rostin
Article 37: Rights of Recourse Against Third Parties
Wolf Müller-Rostin
CHAPTER IV - Combined Carriage
Article 38: Combined Carriage
Wolf Müller-Rostin
CHAPTER V - Carriage By Air Performed by a Person Other Than the Contracting Carrier
Article 39: Contracting Carrier – Actual Carrier
Regula Dettling-Ott
Article 40: Respective Liability of Contracting and Actual Carriers
Regula Dettling-Ott
Article 41: Mutual Liability
Regula Dettling-Ott
Article 42: Addresses of Complaints and Instructions
Regula Dettling-Ott
Article 43: Servants and Agents
Regula Dettling-Ott
Article 44: Aggregation of Damages
Regula Dettling-Ott
Article 45: Addressee of Claims
Regula Dettling-Ott
Article 46: Additional Jurisdiction
Regula Dettling-Ott
Article 47: Invalidity of Contractual Provisions
Regula Dettling-Ott
Article 48: Mutual Relations of Contracting and Actual Carriers
Regula Dettling-Ott
CHAPTER VI - Other Provisions
Article 49: Mandatory Application
Elmar Giemulla
Article 50: Insurance
Wolf Müller-Rostin
Article 51: Carriage Performed in Extraordinary Circumstances
Ronald Schmid
Article 52: Definition of Days
Ronald Schmid
CHAPTER VII - Final Provisions
Article 53: Signature, Ratification and Entry into Force
Ronald Schmid
Article 54: Denunciation
Ronald Schmid
Article 55: Relationship with Other Instruments Connected with the Warsaw Convention
Elmar Giemulla
Article 56: States with More Than One System of Law
Elmar Giemulla
Article 57: Reservations
Elmar Giemulla
(Final Clause)
Elmar Giemulla
Annexes
Annex I-1: Synopsis of MC, WC, WC/HP
Annex I-2: Contracting Parties to the Montreal Convention 1999
Annex II-1: Recommended Practice 1724
Annex II-2: Recommended Practice 1601 Conditions of Carriage for Cargo
Annex II-3: General Conditions of Carriage for Passengers and Baggage (flight ticket GCC)
Annex II-4: General Terms and Conditions of Carriage of Cargo of Lufthansa Cargo Aktiengesellschaft as of March 2022
Annex II-5: IATA–Resolution 507 B Revalidated for effect 1 October 1989 with indefinite expiry – Use of Surface Transportation
Annex II-6: Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators
Annex II-7: COUNCIL REGULATION (EC) No 2027/97 of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air as amended by Regulation (EC) No. 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No. 2027/97 on air carrier liability in the event of accidents
Annex II-8: Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004
Annex III-1a: International Civil Aviation Organization – Notification of Revision of Limits of Liability
Annex III-1b: International Civil Aviation Organization – Notification of Effective Date of Revised Limits
Annex III-2a: International Civil Aviation Organization
Annex III-2b: International Civil Aviation Organization
Bibliography | | |
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