Contract of Carriage for Passenger, Luggage and Cargo by International Airline

Durgut R., Bulut E. H.

in: Interdisciplinary Public Finance, Business and Economics Studies III, Adil Akıncı,Özer Özçelik, Editor, Peter Lang Publishing, Inc., Berlin, pp.375-384, 2020

  • Publication Type: Book Chapter / Chapter Research Book
  • Publication Date: 2020
  • Publisher: Peter Lang Publishing, Inc.
  • City: Berlin
  • Page Numbers: pp.375-384
  • Editors: Adil Akıncı,Özer Özçelik, Editor
  • Istanbul University Affiliated: Yes



With the globalization of the world, the importance of international transportation has increased considerably. Due to the international dimension of the transportation process, the determination of the rules to be applied to the international transportation has significant importance in terms of legal security. For this reason, in the field of the international private law, the various arrangements have been made regarding transportation law from past to present and “Convention for the Unification of Certain Rules for International Carriage, 1999 Montreal Convention” (the Montreal Convention) (hereafter referred to as MC) is deemed as the most recent one. The most important success of MC was the consolidation of all the texts included in the previous Warsaw System in a single text, which provided clarification of the international law to be applied and eliminated the discussions about which text should be applied to a conflict that occurred during the Warsaw System period (Gogen, 2012).

The purpose of MC is not to set binding uniform rules with regard to each issue to be applied in international air carriage by eliminating the differences in the national regulations; if anything the purpose is to ensure a uniform application only in certain aspects. In general, we can list the issues that MC will find an application area as follows: (Hobe, von Ruckteschell, Heffernan, 2013).

• Carriage documentation,

• Property rights and liabilities,

• Auxiliary duties regarding with the cargo carriages,

• Form requirements.