Contract Structures in the Field of Air Carriage

Abstract

AbstractThe research subject is to determine the concept, characteristics of contracts as well as relations between them in the field of air carriage. The article is dedicated to the analysis of legal nature and basic components of aviation contracts, as well as specificity of their theoretical and practical application, classification, and as a result is aimed at creating a holistic concept of the system of contract-based regulation of air transportation. This analysis is rooted in the study of the context of civil and scientific literature and forensic practice on the specified issue. Apart from general scientific research methods, interpretation legal methods, formal legal, comparative law methods are implemented. Reference to the provisions of civil law doctrine enabled to introduce an individual view on our research subject and suggest grounds for better understanding and improvement of air legislation. The main conclusion of the performed study is that civil law regulation of contracts in the field of air transportation is characterized by the presence of special contracts with its special characteristics determining the content of air legislation. Concerning each of the contract structures, certain questions arise not only in relation to legal regulation and law enforcement (overbooking in the passenger air carriage contract), but also to scientific approaches to determine the concept and nature of a specific contract (status of an air carriage contract as bilateral and trilateral, legal nature of aircraft charter agreement).The lack of a single understanding and interpretation of concepts, contradictions in legislation, existence of legal gaps do not contribute to air legislation uniformity and provoke difficulty in its study and application. Obtained results can be used in theoretical and legal researches as well as in legislative and practical activities.KeywordsAir charterAircraft charter agreementCargo air carriageLuggage air carriagePassenger air carriageAir carriage contract air legislationAir carriageTransportation contracts