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Odpowiedzialność cywilna biur podróży w USA w świetle orzecznictwa

100%
Konert A.
Studia Prawnicze: rozprawy i materiały
|
2014
|
issue 2(15)
93-110
EN
Because travel agents receive compensation from travel suppliers, there is a certain degree of loyalty to suppliers rather than consumers. Travel agents are fiduciaries subject to a high standard of care. A travel agent, consequently, has special duties and obligations to clients. The article refers to civil liability of travel agents caused to their clients according to law in the United States of America. The paper will analyze different American courts judgments.
2
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OBJECTIVE RESPONSIBILITY IN THE SPANISH CIVIL CODE (Odpowiedzialnosc obiektywna w hiszpanskim prawie cywilnym)

100%
Konert A.
Ius Novum
|
2010
|
issue 3
131-145
EN
The aim of the article is to present characteristic features of strict liability as well as analyze individual cases of liability from the point of view of the Spanish civil code and find differences from the point of view of the Polish law. The comparative method used in the article shows that there are significant differences between the two legal systems, including both their subject and object. The conducted examination leads to three major conclusions. Firstly, a conclusion of a general character: it is difficult to explicitly specify one major and basic aim lying behind making liability objective in general. Secondly, after examining exoneration circumstances we make a conclusion that the Spanish legislator combines two institutions which are always separated in the Polish law (the contribution of the aggrieved party and a situation in which damage was caused by the aggrieved party). Thirdly, it must be stated that strict liability is never treated as absolute liability because there is always a possibility of exoneration.
3
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Odpowiedzialność przewoźnika lotniczego w przypadku turbulencji na gruncie orzecznictwa amerykańskiego

100%
Konert A.
Ius Novum
|
2010
|
issue 1
39-51
EN
This article refers to the air carrier liability in the case of turbulence in the United States. When turbulence is domestic concern, all claims are tort claims governed by state common law. Turbulence is encountered in international flights as well. In this case, conventions for the unification of certain rules for international carriage by air apply (either, so called Warsaw Convention 1929 or Montreal Convention 1999 - 'Warsaw-Montreal system').To find an air carrier liable, the primary inquiry is to determine the particular form of turbulence in both systems. According to common law, passenger injured has to prove a negligence of carrier. Under international law, the carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the 'accident' which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking. The judge has to determine whether turbulence is an 'accident' under the Convention.The article illustrates the differences between the common law and international regulations with jurisprudence examples.
4
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2015 Amendments to the Aviation Law Act

63%
Kasprzyk P., Konert A.
Yearbook of Antitrust and Regulatory Studies
|
2016
|
vol. 9(13)
157-164
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