Search Results
Search Results
-
The air transport contract and the emergency by COVID-19: the chilean aeronautical statute front the cancellation of flights by force majeure and the reactivation of post-pandemic air traffic
The Coronavirus health emergency has paralyzed or slowed down an important part of economic activities, including passenger air transport, causing the cancellation of flights, which translates into a case of contractual breach of the carrier against the passenger. In order to address what response is followed by our legislation against a cancellation due to a force majeure –assuming that the pandemic by COVID-19 is one–, this paper pretends, first of all, resolve the issue regarding the regulations applicable to the air transport contract. Later, the general hypotheses of non-performance of the air transport contract by non-execution of the trip in the agreed terms, and what rights does the passenger have against said non-compliance. Next, the options of the passenger facing a flight canceled by force majeure, and the effects that the latter produces in the contract are discussed. Finally, are analyzed the duties and obligations of the air carrier once the activity has been reactivated, and the liability that it bears for an eventual contagion.
-
PERSONAL CARE ROOTED IN THE SYSTEM OF DIRECT AND REGULAR CONTACT? THE IMPORTANCE OF INTERNATIONAL AND COMPARATIVE LAW
within the realm of Chilean law, the difference between having the right to personal care and the right to a system of direct and regular contact seems to be clear and evident. however, such difference varies in the light of the hague Convention on the Civil Aspects of International Child Abduction. Those variations will be analyzed in this paper, which highlights the inadequate case law practice in Chile.