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An Overview To The Circumstances Causing Legal Liability Sustained In The Event Of The Damages To The Passenger Baggage During The Carriage By Air

Author

Listed:
  • Alper Uyumaz

    (Selçuk University school of law)

  • Sinan Sami Akkurt

    (Selçuk University school of law)

Abstract

The liability of the carriage by air sustained in the case of the damage of any baggage ( or luggage) has already been regulated in the article 12 of Turkish Civil Aviation Code (TSHK.), the article 18 of Warsaw Convention (War.C.) and in the subsection 2, 3, 4 of the article 17 of 1999 Montreal Convention (Mon.C.). TSHK.a.121/ s.1 that regulates the liability of the carrier in the event of domestic flight is as: ?The carrier is liable for damage sustained in case of the loss of, or of damage to checked baggage on condition that the loss or damage took place during the carriage by air.? The liability indicated here, in Warsaw Convention a.18/s.1, is as: ? The carrier will be liable for the damage sustained in case of destruction, or loss of, or of damage to checked baggage; however the event causing the destruction must take place during the carriage by air?, and the liability is adjudged, in Montreal Convention a.17/s.2, is as ? The carrier is liable for the damage sustained in the event of destruction, or loss, or damage of the checked baggage on condition that the event which caused the destruction, loss or damage took place on board the aircraft or during the period in which the checked baggage was in the charge of the carrier.? As understood from these regulations, the carrier is liable for the damage sustained during the period that the registered baggage is in the charge of the carrier, whether it is domestic or international flights. The conditions of the liability mentioned above will be examined in this study.

Suggested Citation

  • Alper Uyumaz & Sinan Sami Akkurt, 2015. "An Overview To The Circumstances Causing Legal Liability Sustained In The Event Of The Damages To The Passenger Baggage During The Carriage By Air," Proceedings of International Academic Conferences 2504089, International Institute of Social and Economic Sciences.
    • Handle: RePEc:sek:iacpro:2504089
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    More about this item

    Keywords

    Legal liability of carrier; baggage carring in aviation law; Turkish Civil Aviation Code Art.12; Montreal Convention Art.17; Warsaw Convention Art. 18;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General

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