Conflicts of laws in private international air law: The contracts of carriage by air, aviation insurance, aircraft purchase, finance, the creation of security rights in aircraft and a common general part.

摘要

This thesis deals with the problems of conflicts of laws with respect to contractual private air law, focusing on those contracts which are of a practical importance. As compared to traditional studies of this legal area, this study applies a very innovative approach to the topic. Due to the vast amount of legal instruments, jurisprudence and legal writings to be handled, it does not appear appropriate to deal with the problems without pointing out common approaches, methods and solutions. In accordance with the economic legal working methods which have been developed by Middle European legal systems, and increasingly can also be observed in a number of common law systems, the aspects, which are common to all kinds of international contracts in private air law, are dealt with in a common General Part. Aspects such as the method of interpretation of international conventions, their "interrelations" with the conflicts of laws, and the general approach to "conflicts justice" (Kegel) as opposed to the modern American "Choice of Law Revolution" approaches are discussed. The Specific Part deals with the particulars of each kind of contract; significant aspects such as the effects of the new IATA Inter-Carrier Agreement (signed at Kuala Lumpur, 1995) are examined, as well as the problems which are encountered in international contracts of aviation insurance, cross-border finance of aircraft, and the creation of security rights, which, because of the sheer monetary sums involved, are of enormous practical significance. The conclusion at the end of the thesis provides two rules to resolve the conflicts of laws with respect to all contractual aspects of private international law: one single common rule as to contractual obligations, and another rule as to real rights in aircraft (iura in rem) which require a slightly different approach.