Izvorni znanstveni članak

Liability for damage caused by misuse of aircraft

Maja Bukovac Puvača ; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska
Sandra Debeljak-Rukavina ; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska

Sažetak

In this paper, the authors analyse non-contractual and contractual liabilities for damages caused by the misuse of aircraft. They also give an overview of the Rules of the Rome Convention and the Montreal Protocol laying down liability for the damages caused by a foreign aircraft to third persons on the ground, and the main indications of efforts to modernise these Rules. These solutions at the international level are compared with those contained in the national legislations, as well as in domestic and comparative law. Special emphasis is put on the way the United States of America has solved the issue of compensation for damages to the victims of the terrorist attack of 11 September 2001. The contractual liability for damages caused by the misuse of aircraft in international air traffic is regulated by the Montreal Convention of 1991, whose provisions are compared with those contained in the national law of Croatia. A conclusion is drawn that in the case of the misuse of aircraft, such as on 11 September, the focus is transferred from the problem of liability as such, i.e. from an effort to identify the persons, apart from the perpetrators themselves, who may also be responsible for the damage caused, to the problem of how to compensate the victims in a fast and just way, at least for the damages resulting in death or various bodily injuries.

Ključne riječi

liability for damage; air traffic; , misuse of aircraft; Rome Convention of 1952; Montreal Protocol of 1978; Montreal Convention of 1999; The Act on Obligations and Real Law Relations in Air Traffic

Hrčak ID:

20431

URI

https://hrcak.srce.hr/20431

Datum izdavanja:

18.1.2008.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.665 *