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Provisions of the air carrier’s liability claim for persons and the jurisdiction to consider it | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 16, Volume 15, Issue 1, June 2024, Pages 409-428 PDF (510.08 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2024.183590 | ||
| Author | ||
| Mahmoud Abdel Gawad Abdel Hadi* | ||
| College of Business Administration - University of Tabuk | ||
| Abstract | ||
| This study analyzed the judicial jurisdiction in cases involving the liability of air carriers for individuals, focusing on the parties involved in the liability claim and the jurisdiction under international treaties and national law. The study employed an analytical method to investigate the legal texts and clarify the application of these laws. The problem of the study stems from the complexities arising from differences between international and local laws, especially in determining responsibility and judicial jurisdiction. Among the most significant findings, the study revealed the complexity of judicial jurisdiction and the variance in identifying parties eligible to file a claim, highlighting the urgent need to unify international and national laws. The study recommends the necessity of improving the legal awareness of travelers and simplifying litigation procedures to make the legal system more effective and fairer for affected travelers. The main problem in the lawsuit is determining the legal liability of the air carrier when damages occur to passengers, due to the lack of uniformity in international and local laws related to liability and compensation for those affected. There are also complications that arise from the multiple possible parties to the lawsuit and the differences in the courts competent to hear these lawsuits. | ||
| Keywords | ||
| Air Carrier Liability; Judicial Jurisdiction; Air Carrier; National Laws; Montreal Convention | ||
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