Peculiarities Of The Carrier Liability For The Damage Caused To Passenger’s Health By Serious And Minor Physical Injuries Or Passenger’s Death
Keywords:
damage, carrier, passenger, non-contractual liability, passenger and luggage transportation contract.Abstract
In the given article, the author studies peculiarities of the carrier liability for the damage caused to passenger’s health by serious and minor injuries or passen-ger’s death.
Article 928 of the Civil Code establishes a general provision for the carrier lia-bility for the damage caused to passenger’s health by serious and minor injuries or passenger’s death according to Chapter 82 of the Civil Code «Compensation» if the contract or the law does not establish the liability of the carrier without fault. In this very case, we talk about the damage connected with contract fulfillment but non-contractual liability will be used, as there is a special law for it.
Studying more thoroughly the carrier liability in the sphere of non-contractual liability the author has found out what are the reasons of its appearance. Thus, a special attention is paid to wrongful acts, which are those that lead to negative con-sequences connected with damages caused to passenger’s health and life. As to the damage, it is stated that due to this wrongful act serious or minor injury to passen-ger’s health is caused. The most specific is the fact that the fault does not constitute a mandatory condition for the civil liability of the carrier. Civil liability of the carrier for the damage caused to passenger’s health by serious and minor injuries or pas-senger’s death takes the form of compensation for material and moral damages. The author also analyzes peculiarities of the carrier liability for the damage caused to passenger’s health by serious and minor injuries or passenger’s death using certain means of transport, in particular air, rail and road.
References
2. Archive of Sverdlovsk City Court, Lugansk region, Case № 2. Retrieved from http://reyestr.court.gov.ua/Review/37917264
3. Civil law of Ukraine: January 16, 2003. Retrieved from http://zakon1.rada.gov.ua
4. Convention on the Contract for the International Carriage of Passengers and Luggage by Road (CVR): December 15, 2004. Retrieved from http://zakon2.rada.gov.ua/laws/show/995_845
5. Convention on International Carriage by Rail (COTIF): May 9, 1980. Retrieved from http://zakon3.rada.gov.ua/laws/show/994_291/page2
6. Generalization of court practice in disputes concerning damages caused by road accidents: December 1, 2014. Retrieved from https://cr.vn.court.gov.ua/sud0228/uzag/145284/
7. Rules of baggage and passengers air transportation: November 30, 2012, № 735. Retrieved from http://zakon.rada.gov.ua
8. The Constitution of Ukraine: June 28, 1996. Retrieved from http://zakon1.rada.gov.ua
9. Bubina A. I. Some peculiarities of paying out the compensation for damage caused to health due to road accidents // Actual problems of state and law. Issue 59. 2011. p. 507–511.
10. Chernenko O. V. Actual problems of the legal regulation of air carrier’s liability under the contract of international air transportation // State and Law: Legal and Political Science : Collection of scientific works. Issue 34. 2006, – p. 516–523.
11. Gorbunova L. M. Compensation for the damage caused by illegal decisions, ac-tions or inactivity of the inquiry authority, pre-trial investigation, prosecutor’s office or court. // Compensation for the damage caused by serious and minor injuries or death. Min-istry of Justice of Ukraine. Kyiv, 2006. – 58 p.
12. Kharytonov Ye. O., Kharytonova O. I. Civil law of Ukraine: textbook. Kyiv, 2011. – 808 p.
13. Stefanchuk R. O. Civil law of Ukraine: textbook. Kyiv, 2005. Retrieved from http://www.ebk.net.ua/Book/law/stefanchuk_tsivpu/part13/1314.htm
