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Allocation of Responsibility for Compensation of Moral Damage Inflicted During Air Carriage Between the Carrier and the Insurer

M.F. BAGLARIDU,

Associate of the Law Firm “Sokolov, Maslov and Partners”,

Post-Graduate Student of the Department of International Private and Civil Law

of the MGIMO University

Practice of settlement of claims for moral damage, in particular for the one inflicted on

passengers (other persons) during air carriage, under the Russian law evidences on existence

of a number of legal gaps. Thus, one of the issues which have not been unambiguously

resolved by now is a problem of allocation of responsibility for compensation of moral

damage inflicted on a passenger (other person) during air carriage between the carrier and

the insurer. In absence of its unambiguous legal regulation this issue has been variously

resolved by Russian courts: thus, partly the court practice evidences a trend to shoulder

responsibility for compensation of moral damage on the carrier, and in the same time the

other part of the court practice reflects a completely different approach, when responsibility

for compensation of moral damage inflicted during air carriage is shouldered on insurer.

This article will deal with problems arising in Russian courts during application of legal

rules regulating allocation of responsibility for compensation of moral damage inflicted

during air carriage on passengers (other persons).

Keywords: moral damage; air carriage of passengers; insurance of the carrier’s liability;

court practice; civil procedure.

Information about the author

Baglaridu M.F. (Moscow, Russia) – Associate of the Law Firm “Sokolov, Maslov

and Partners”, Post-Graduate Student of the Department of International Private and

Civil Law of the MGIMO University (121309, Moscow, Barklaya St., 17; e-mail: maria.

[email protected]).

Recommended citation

Baglaridu M.F. Raspredelenie bremeni otvetstvennosti za kompensatsiyu moral’nogo

vreda, prichinyonnogo pri vozdushnoj perevozke, mezhdu perevozchikom i strakhovshchikom

[Allocation of Responsibility for Compensation of Moral Damage Inflicted During

Air Carriage Between the Carrier and the Insurer]. Вестник гражданского процесса =

Herald of Civil Procedure, 2018, no. 3, p. 162–173. (In Russian) DOI: 10.24031/2226-0781-2018-8-3-162-173

M.F. Baglaridu