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Register a new userThe Conditions of Air Carriage according to the Montreal Convention 1999 (A comparative study with the Warsaw Convention 1929)
شروط النقل الجوي وفقاً لاتفاقية مونتريال عام 1999 (دراسة مقارنة مع اتفاقية وارسو عام 1929)
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يتناول هذا البحث شروط النقل الجوي وفقاً لاتفاقية مونتريال، مع المقارنة بالاتفاقية السابقة لها و هي اتفاقية وارسو. و تقسم شروط النقل الجوي وفقاً لاتفاقية مونتريال إلى شرطين رئيسين هما: وجود عقد نقل للأشخاص أو الأمتعة أو البضائع تقوم به طائرة بمقابل، و الصفة الدولية لعقد النقل الجوي. و لقد كان على اتفاقية مونتريال أن تتلافى النقد الذي وُجِّه إلى اتفاقية وارسو بخصوص شروط النقل الجوي، و أن يكون تنظيميا لتلك الشروط منسجماً مع متطلبات التجارة الدولية، بحسبان أنها الاتفاقية المحدِّثة لاتفاقية وارسو.
This study includes the conditions of air carriage according to the Montreal Convention and compares with the previous convention which is the Warsaw Convention. The conditions of air carriage according to the Montreal Convention are divided to two main conditions: the existence of contract to carry people, luggage or goods performed by aircraft for reward, and the international character to contract of air carriage. The Montreal Convention had to avoid criticism which faces the Warsaw Convention in regard to the conditions of air carriage, and had to organize these conditions by harmonious way with international trade requirement, because the Montreal Convention is developer convention to the Warsaw Convention.
References used
Drion, H, Limitation of Liabilities in International Air Law, Matinus Nijhoff, The Hague, 1954
Goedhuis, D, National Airlegislations and The Warsaw Convention, Matinus Nijhoff, The Hague, 1937
Block v. Compagnie Nationale Air France, District Court for the Northern District of Georgia (United States), 229 F. Supp. 801, May 6, 1964. Available at: www.law.justia.com, last updated August 18, 2016
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