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Civil juridical responsibility of carrier for the damage in case of air transport


Author: Mihalache Iurie
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2011
Scientific adviser: Eugenia Cojocari
doctor habilitat, professor, Moldova State University
Institution: Institute of History of the ASM

Status

The thesis was presented on the 27 November, 2010
Approved by NCAA on the 24 February, 2011

Abstract

Adobe PDF document – 0.35 Mb / in romanian

Keywords

civil juridical responsibility, contract civil responsibility, air transport, air transport contract, carrier from air transport, air accident, electronic ticket, civil responsibility assurance, declaration of special value of loading, culpability

Summary

Structure of thesis: introduction, 3 chapters, conclusions and recommendations, bibliography from 451 titles, 9 annexes, 178 pages basic texts. The obtained results were published in 18 scientific works.

Domain of study of the thesis represents a scientific approach of civil juridical responsibility institution of carrier for the damage in case of air transport.

Aim and objectives of work consists in analysis in essence of civil juridical responsibility of carrier from air transport of passengers, luggage and goods, proceeding from the doctrine opinions and provisions of national civil legislation, having as its objective the enrichment of juridical literature in the analyzed problems and perfection of national legislation in domain, making it more compatible and logically based with the international legislation.

Novelty and scientific originality of the thesis consisted in formulation of certain conclusions of theoretical and practical order and presentation of suggestions of lege ferenda. At the same time the given work is a monographic investigation in which for the first time in the Republic of Moldova there was carried out a complex examination of multiple problems of civil juridical responsibility of carrier from air transport. In the contents of thesis there was analyzed the contract form of juridical responsibility and without the research of the essence of felonious form that makes up the object of a separate work.

Theoretical significance and applicative value of the thesis is manifested by the fact that formulated conclusions and suggestions can be used to improve the legislation by civil juridical responsibility of carrier for the damage in case of air transport, as well as in contract practice of air companies.

Implementing of scientific research. Conclusions and recommendation contained the scientific work can be used in the scientific and didactic activity by the perfection of curriculum at the First Licence university cycle and the Second MA Course cycle. The obtained results have been implemented successfully for the preparation of the course at the discipline Transports law.