時間：2014-12-27 15:04來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. Exemption from compensation or reduction thereof shall not take place if a fault has been made by the victim’s subordinates or agents thereof, if it is proved that they were working behind their authorities. Article 131 Aircrafts’ participation in Causing Damage: If others on ground have suffered a damage deserving compensation, as a result of a crash of two aircrafts or more in- flight or due to an aircraft being obstructed by another aircraft, or if such damage occurred by two aircrafts or more together, then each aircraft shall be deemed responsible of causing the damage to occur, and the Operator of each of the two aircrafts is responsible in accordance with the provisions of this Chapter. Article 132 Compensation Maximum Amounts: Compensation maximum amounts shall be applied on damages caused by aircrafts to others on ground in the territory of the State in accordance with the relevant international agreements which the State is a party thereto. Article 133 Unlimited Liability on Damages of Aircrafts: 1. The liability of the operator shall, in accordance with the provisions of the present Section, be unlimited if the injured party proved that the damage is a result of an act or abstention by the operator, his/her subordinates or agents, with the intention to cause damage or due to imprudence coupled with awareness of prospective damage. In case of the act occurring or the subordinates or agents abstention, it is required to prove that they were doing their duties within their competencies. 2. If a person illegally captured an aircraft and used it without the consent of the one authorized to use it, his/her liability shall then be unlimited. Article 134 Limits of Liability in case of Several Liable Parties: 1. If there are several parties liable for damage in accordance with the provisions of this Section, the injured parties shall not have the right of total compensation exceeding the compensation ceiling with which one liable party may be charged, without prejudice to the provisions of the preceding Article. 2. Upon application of the provisions of Article (131), the injured party shall have the right to obtain a compensation not exceeding the total ceilings set forth regarding aircrafts contributed in occurrence of damage. However, no Operator shall be liable for paying a compensation exceeding the ceiling set forth for his/her aircraft, unless his/her liability is unlimited in accordance with the provisions of Article (133). Article 135 Due Compensations Exceeding the Limits of Liability: If the total amount of due compensations exceeded the limits of liability set forth herein in accordance with the provisions of Article (132), the following rules are applied taking into account that liability for death or injuries may not exceed the limits defined on each dead or injured person: 1. If the compensations are relating to deaths or only physical injuries or due to only money damages, such compensations shall be subject to a reduction appropriate for the respective amounts allocated. 2. If the compensations are relating to deaths, physical injuries and money damages all together, half of the total amount prepared for distribution shall be allocated to compensate death and physical injuries provided that such shall be given the priority, and shall be proportionally distributed between such two cases if found insufficient . As for the other half of the total amount prepared for distribution, it shall be proportionally distributed among cases of damage regarding money, provided that the remainder, if any, shall be added to the first half allocated for compensation of death and physical injuries. Article 136 Court of Competent Jurisdiction of Actions for Compensations on Damages of Aircrafts: Actions for compensation on damages caused by aircrafts to others on ground in the State shall be brought before the court located in the place of the incident, however one or more plaintiffs together with one or more defendants may mutually agree to bring the action before the courts of any other State. |
