FOR PROPERTY DAMAGE CAUSED IN INTERNATIONAL AIR CARRIER PASSENGER BAGGAGE: : IS CIVIL LIABILITY GOVERNED BY THE MONTREAL CONVENTION OR THE CONSUMER LAW CODE?
ABSTRACT: Civil liability, known as civil tort, arises from the legal obligation to repair damage, to answer someone for their acts or for the acts of a third party, to the detriment of the law. The aim is to address the Civil Liability of the International Air Carrier for material damage caused to...
| Autores: | , |
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| Formato: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Brasil |
| Recursos: | Universidade do Estado de Minas Gerais (UEMG) |
| Repositorio: | Inova Jur |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/7163 |
| Acesso em linha: | https://revista.uemg.br/index.php/inovajur/article/view/7163 |
| Access Level: | acceso abierto |
| Palavra-chave: | Civil responsability; International Air Transport; Loss of passenger luggage; Montreal Conventions. Indemnity. Responsabilidade Civil; Transporte Aéreo Internacional; Extravio de bagagem de passageiro; Convenções de Montreal. Indenização. |
| Resumo: | ABSTRACT: Civil liability, known as civil tort, arises from the legal obligation to repair damage, to answer someone for their acts or for the acts of a third party, to the detriment of the law. The aim is to address the Civil Liability of the International Air Carrier for material damage caused to passenger luggage. In view of this fact, the problem arises: if there is material damage resulting from lost luggage in international transport involving a consumer, will it be governed by the CDC or by the Warsaw and Montreal Conventions? The methodology will be a bibliographical research and use of legislation and doctrine, as well as jurisprudence of Brazilian Courts and international treaties. To deal with the proposed theme, a reflection is made which combines sources of knowledge, with: Gonçalves, (1995); Gagliano, (2011); Jurisprudence of the STF (2017); STJ case law (2018); CF (1988); MAZZUOLI, (2016); CDC (1990); between others. Therefore, in Constitutional and Legal terms, the norms of international treaties adduce the responsibility of carriers resulting in the loss of passenger luggage, notably the Warsaw and Montreal Conventions, stands out in relation to the Consumer Protection Code. |
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