Herald of Civil Procedure
EN
main-photo

We in a citing index:

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

TRIBUNE OF YOUNG SCIENTIST


M.F. Baglaridu

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.
baglaridu@yandex.ru).

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

 1a.jpg  баннер2.jpg  баннер3.jpg

Keywords