EIRP Proceedings, Vol 14, No 1 (2019)

Regulation in unimodal international conventions on land and air transport of exonerating cases of carrier liability

Georgeta Modiga, Gabriel Avramescu

Abstract


Prior to joining the European Union, the trend of domestic transport under the legal regime enshrined in the uniform rules was anticipated by the special regulation in the field of air transport where, taking the model of the French legislator (Article L. 321-3 of the French Civil Aviation Code ), by art. 3 of Law no. 355/3003 established the rule according to which the liability of the Romanian air carrier, whether operating on domestic or international routes, as well as a foreign air carrier that operates flights on routes originating and destined on Romanian territory was established by the provisions of the Convention Montreal. After Romania became a member of the European Union, the law no. 355/2003 was repealed as a consequence of the incidence of Regulation (EC) No Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents and Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators.

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