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Compensation

  • Attila Sipos

摘要

If the system of criteria under the Convention is in accordance with the elements of the facts of the legal case, the court adjudicates the claim for damages. The objective of the contracting States is unambiguous: may the verdict or the out-of-court settlement be made in any part of the world, the claimants may expect, with regard to the proved damage, the similar judgement everywhere provided that the Convention is applicable. The establishment and justification of liability are crucial elements of the judgement. If the liability of the air carrier is established, the court obligates the air carrier to provide indemnity for the caused damage. The exact amount of the indemnity is calculated and established by the court with regard to the limits stipulated under the Convention and to all the circumstances of the case.