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Get this from a library! Konwencja montrealska: komentarz: odpowiedzialność cywilna przewoźnika lotniczego. [Małgorzata Polkowska; Izabella Szymajda]. la navegación marítima y aeronáutica —— and Szymajda I, Konwencja montrealska Komentarz Odpowiedzialność cywilna przewoźnika lotniczego ( Liber. stworzono dwustopniowy system odpowiedzialności. konwencja montrealska r. PRZYGOTOWALI: Siwiaszczyk Filip. Solecka Sylwia.

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The value of national currency unit to a non-member States Parties to the International Monetary Fund Special Drawing Right is calculated in the manner specified by the State. The provisions of Articles 3 do 5, 7 i 8 the documentation of carriage shall not apply in the oknwencja of carriage performed in extraordinary circumstances outside the normal operations of the air carrier. As regards baggage or cargo, passenger or consignor may bring an action against the first carrier, and the passenger and the recipient entitled to receive mintrealska bring an action against the last carrier, and each of them can also bring an action against the carrier, which performed the carriage, during which the destruction took place, loss, damage or delay.

Any such revision shall begin to have effect six months after its notification to the States Parties. The sender has the right, provided they meet all their obligations under the contract of carriage, dispose of goods, or by withdrawing it at the airport of departure or destination, or stopping it at an intermediate landing, or it to be delivered at the destination or at the landing site to a person other than the consignee originally designated, or demanding its return to the airport of departure.

Konwencja montrealska : komentarz : odpowiedzialność cywilna przewoźnika lotniczego

If you have more than one political subdivision in which different systems of law are applicable in matters regulated by this Convention, it may at the time montreapska signature, ratification, adoption, approval or accession, that this Convention shall apply to all its territorial units or only to one or some of these units, and may at any time modify this declaration by submitting another declaration.

In the event of such transportation, the passenger, and each person entitled to compensation for a passenger may refer an action only against the carrier, which performed the carriage, during which the accident or the delay occurred, unless by express agreement, the first carrier took responsibility for the entire carriage. If the review, referred to in the preceding paragraph, shows the inflation rate higher than 10 percentage, The Depositary shall notify States Parties to the revision of the limits of liability.

Citizenship is not a passenger at the decisive factor. Carriage by Air Performed by a person other than the contracting carrier. If the action montrealskw directed against only one of these carriers, carrier shall have the right to require the other carrier to court, seised, with the behavior and effects of indemnification shall be determined by the law of the court.

  ISO 12944-3 PDF

I have a question regarding compensation for damaged luggage.


The restrictions provided for in Article 21 and in this article do not preclude the award of an additional court, under its own law, court costs and other litigation costs incurred by the plaintiff, including interest.

Subject to the provisions of Article 25 this Convention and subject to paragraph 2 below, limitation of damages provided in the articles 21, 22 i 23 are reviewed by the depositary five years, the first such review will take place at the end of the fifth year after entry into force of this Convention or — Convention had not entered into force within five years from the first day, which was opened for signature — during the first year of its entry into force, using an inflation factor corresponding to the rate of inflation since the previous revision or for the first time from the date the Convention enters into force.

If the carrier carries out the sender’s instructions, without requiring the production of the air waybill or cargo receipt confirmation, which was delivered to the sender, the carrier is liable, subject to recourse to the sender, for any damage, which may thus arise for the, who is in lawful possession of the air waybill or the cargo receipt. Your rating has been recorded. Transport, to be performed by two or more successive carriers, considered in applying the Convention as a single operation, if it has been regarded by the parties as a single operation, regardless of the, whether this has been agreed in the form of a single contract or several contracts, and does not lose its international character and thus, one contract or series of contracts to be performed entirely within the territory of the same State.

Similarly, the Convention shall be open for signature by regional economic integration organizations. In any such claims for damages are not punitive, exemplary or any other tonnage achieved not by repairing the actual damage.

If within three months of its notification to the States Parties a majority of the States Parties notify her lack of consent, revision does not begin to have effects, and the custodian shall refer the matter Assembly of States Parties. The conversion of these sums into national currency unit is made in accordance with the law of the State.

In relation to other countries and other regional economic integration organizations present Convention shall apply from the sixtieth day after the deposit of its instrument of ratification, adoption, approval or accession. Proudly powered by WordPress. If the loss of registered baggage has been granted by the carrier or registered baggage has not arrived at the end of twenty-one days from the date of, which should come, passenger may assert his rights under the contract of carriage.


If an actual carrier performs the whole or part of the carriage, which according to the contract, referred to in article 39, is governed by this Convention, both the contracting carrier, and the actual carrier shall be, if this section otherwise, provisions of this Convention — first for the whole of the carriage contemplated in the agreement, second only to transportation, which performs.

Entry into force of any revision shall be immediately notified by the Depositary to States Parties.

The third copy signed by the montdealska and transmits it to the consignor after the goods. If the execution of the sender is not, carrier shall immediately notify the sender. Nothing in this Convention shall prevent the carrier to refuse to conclude an agreement, waiving any defenses permitted by the Convention or impose conditions, which are not inconsistent with the provisions of this Convention.

Any contractual provision tending to relieve the carrier of liability or to fix a lower limit than that provided for in this Convention shall be null and non-legal consequences, However, the invalidity of such provision shall not invalidate the whole contract, which shall remain subject to the provisions of this Convention.

Instead of issuing the document, referred to in paragraph 1, You can use any other means of securing the information referred to in that paragraph.

The sender may be required to issue a document indicating the type of product, if it is needed to fulfill customs formalities, police and similar public authorities required by the.

State party, to which the carrier operates flights, may require the carrier to provide proof of adequate insurance policy covering the liability referred to in the Convention.

The total amount of compensation, which in this case can be obtained from the carrier, its servants and acting, not exceed those limitations. Because just this one palette was delayed an integral part of the load, ie. Home About Help Search.

If, at the request of the consignor, the carrier makes out the air waybill, carrier shall be deemed to, until evidence to the contrary, for acting on behalf of the consignor. On 28 May r. WorldCat is the world’s largest library catalog, helping you find library materials online. The value of national currency unit to the State which is a member of the International Monetary Fund Special Drawing Right is calculated by the method of converting the currency used by the International Monetary Fund for its operations and transactions on the day of judgment.

And this does not give me peace of art.