On Carrier’s Accessory Obligations In Contract Of Carriage Of Air Passengers

With the development of The Times,the civil aviation transportation is more and more close to our life,the civil aviation traffic increase,between passengers and air carrier transport contract disputes is increasing,many of which are performed by the carrier of the collateral obligation caused by improper,such as flight delays,cancelled and on,the carrier of collateral obligation is not appropriate to its performance will directly affect the realization of the travelers,Passengers lead to a large number of complaints,aviation travel disputes.Based on the flight has been delayed,cancelled and on air carrier as the research emphasis,collateral obligation from the carrier to the legal basis of collateral obligation,the carrier of collateral obligation is analyzed and the relation between the principle of good faith and the civil code provisions on collateral obligation,to explore the characteristics of the aircraft carrier of collateral obligation;Then the author makes a comparative analysis on the legislation of carrier’s incidental obligation in China,the United States and China,and finds that the European Union has relatively complete legislative provisions on the content of carrier’s incidental obligation.In the case of flight delay or cancellation,the United States adopts a flexible legislative model for the carrier’s incidental obligations,in which the carrier stipulates the incidental obligations in the general conditions of carriage by itself,supplemented by a strict supervision mechanism to urge the carrier to properly perform its stipulated incidental obligations.In the case of overbooked flights,the United States promotes proper compliance by carriers with detailed,graded compensation rules.Judging from the judicial determination of the incidental obligations of air carriers in China,the courts in practice have different judgments on the performance of the incidental obligations of the carrier.Usually,the courts determine the incidental obligations according to the general conditions of carriage made by the carrier,but the general conditions of carriage lack corresponding supervision,resulting in different judgments in similar cases.By comparing the legislative and judicial case analysis we found that the carrier in China aviation passenger transport,the accompanying obligations system about super on flights of collateral obligation lack of special legislation about flight delays,cancel the legislation of collateral obligation is too general,lack of collateral obligation for the implementation of the unified standard,publicly to the air transport conditions of total lack of corresponding regulation,etc.Therefore,we suggest that the law level increase overbooked and delay,cancellation,the carrier of the collateral obligation of principle provisions,combined with the upcoming of the administration of public air transport passenger service provisions of the legislation idea,at the end of regulation level for the carrier of collateral obligation linear regulation,and through the industry self-discipline to promote collateral obligation to fulfill the standard transparent unity,To establish an effective supervision mechanism for the performance of carriers’ general conditions of transport,strengthen the supervision and management of carriers’ air transport activities,and effectively protect the legitimate rights and interests of passengers in the event of flight delays,cancellations and oversales.