Article title Private International Air Law
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 7/2013
Сторінки [113-128]
Annotation The author proposes to distinguish separate branch of legal science — private international air law (PIAL) and to study it in a separate course. In order to study some institutes of PIAL science the author suggests to apply a system where general part together with traditional for legal disciplines chapters concerning subject, system and sources reflects some specific features connected with unified and conflict-of-law rules, and a definition of a content of a foreign law. Particular part should be devoted to subjects, objects (aircraft, engines and spare parts to them, etc.), ownership and other rights, main kinds of liabilities and international process. PIAL as a subject has a separate and specific group of social relationship connected with usage of air space which often involves two and more foreign elements. The author defines the main sources of PIAL and focuses the attention to foreign laws and court practice of the foreign courts which are specific sources and perform as peculiar features of PIAL. The author studies the conflict of legal rules used in PIAL, namely lex voluntatis, lex situs, lex registrii, lex domicih, lex fori, lex loci delicti commissi, lex loci damni, lex personalis.
Keywords aviation equipment, Cape-Town Convention, conflict of law rules, court practice, international private air law, course, international treaty, Montreal Convention.