| Summary: | 碩士 === 東吳大學 === 法律學系 === 102 === The aim of this thesis is to identify the liability and damage on tort liability of international carriers and the burden of the damage which caused by their employee pilots under Taiwan Laws and the Convention, study and learn experience from the historical case against with current rules, to preclude or reduce the happenstance of the air traffic incident and accident.
The first chapter of this proposal describes the determined of the motive, research method, scope, goal of this thesis, and the definition of the terms. The second chapter of this proposal is a review of the literature, by means of addressing theoretical aspects of the Torts, analyzes the subjective and objective elements of tort liability under Taiwan Law, and further explores the damages compensation of tort liability in terms of scope, method, liability subject as well.
The third chapter introduces the relevant contents of passenger recovery for the damages by the Conventions, including Montreal Convention and Warsaw Convention, with the aspects of the scope, validity, and limitation. It also elaborates the objective and subjective norms of negligence, and the execution of difficulty in current.
The fourth chapter describes the relevant contents of the passenger‘s damages recovery by Taiwan Law, which include Civil code, Civil Aviation Act, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements, and Regulations of Compensation For Damage Caused to Air Passengers & Freight. It also analyzes the Legal precedent from Taiwan court, and compares with the section defines the extent of application against from the Conventions.
The fifth chapter discusses about the employer’s joint liability, the condition of waving liability, the obligation and right and benefit of the employee pilots, the legal precedence of the pilot negligence, addressing both empirical and theoretical aspects of recent aviation accident and incident, which advised by the recommendation method for preventing the event occurred as well included in this proposal.
By analyzing the relationship between passenger’s benefits and air carrier’s liability in airplane accidents, this thesis suggests to establish accurately pilots volunteer report system, which is very important for an effective safety flight environment. In addition, this thesis suggests to add a specific Article in Civil Aviation Act to supersede the Taiwan Civil code Article 188, to allocate heavier burden on the employer for compensating any injury which the employee has wrongfully caused to another in the performance of his duties, even the employer has exercised reasonable care in the selection of the employee and in the supervision of the performance of his duty in airplane accidents. Adjusting the liability between air carriers and pilots is crucial for passenger’s compensation.
Meanwhile, this thesis suggests deleting the provision of “the employer who has made compensation as specified in the preceding paragraph may claim for reimbursement against the employee committed the wrongful act”, and requires the air carries to purchase mandatory liability insurance. Since the reimbursement of the airplane accidents is a huge amount, asking an employee to reimburse is not practical, because the employee’s salary for his/her entire life is not enough for the reimbursement.
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