Legal aspect on contract of carriage with particular reference to the carrier's liability for physical integrity of passengers

摘要

The author deals with legal aspect on contract of carriage and the carrier's liability for physical integrity of passengers. All conventions regulating this matter have been stated in chronological order. There have been analysed the similarities and differences concerning the basis and limits of the carrier's liability beginning with Brussels Convention, 1961.; Athens Convention, 1974. relating to the carriage of passengers and their luggage by sea which has been modified by the Protocols 1976. and 1990. up to Athens Convention, 2002. The limit of the carrier's liability was increased considerably by the Protocol 1976. and 1990. However, some countries required further increase referring to Montreal Convention, 1999. which specifies unlimited liability for death and passengers injuries in the air transport. Athens Convention Protocol, 2002. increases considerably the limits of the carrier's liability even enabling the countries national statutes to specify bigger amounts than those stated by the Protocol. The Protocol also modifies the basis of the carrier's liability and introduces two-level system of liability. The author suggests accepting the principle of liability, as existed in other branches of transportation law, and so predicting the carrier's genuine liability for physical integrity of passengers concerning damages caused by marine casualties for damages not caused by marine casualties. The Protocol contains the principle of liability specified by Athens Convention, 1974. Regarding significant increase of the carrier's limits of liability by the Protocol, 2002., it is questionable whether this Protocol will be accepted by the majority of countries, regardless its entering into force is not doubtful, provided that it will be ratified by the European Union.