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§ 4.2. Legal regulation in Scotland of the relations connected with transportation of the goods by air transport

It is necessary to consider the international conventions as a source of the norms, concerning trade relations in Scotland, in a kind of that such norms operate on the basis of fastening by their legislation of the Great Britain.

Air transportation of the goods was regulated earlier by the Warsaw Convention of 1929 for unification of some rules, a concerning international airline traffic (Convention for the Unification of Certain Rules Relating to International Carriage by Air 1929) [442]. Now air transportation of the goods is regulated by the Montreal Convention of 1999 (Convention for the Unification of Certain Rules for International Carriage by Air (Montreal) 1999) [443]. Considering similarity of positions of the Warsaw and Montreal Conventions, a case law regulating an airline traffic in Scotland, remains

The invariable. [444]

International any transportation at which, according to the contract, the place of departure and destination without dependence from that, are available or not having rummaged in transportation or an overload is considered, are located or in territory of two state-participants, or in territory of the same state-participant if the adjusted stop is provided in territory of other state even if this state is not the state-participant. [445]

By the convention of 1999 it is established, that the consignee gives the document named an airfreight waybill (waybill). Nevertheless, instead of an airfreight waybill any other means keeping the information on transportation, thus can be used

The carrier, at the desire of the sender, gives out it the receipt on cargo (cargo receipt). [446]

In the Convention of 1999 the description of an airfreight waybill contains. First, the airfreight waybill should be constituted in three original copies. Secondly, each copy should be issued and signed in appropriate way: the first copy should have a mark "for a carrier" and to be signed the sender; the second copy - to have a mark "for the addressee" and to be signed the sender and a carrier; the third copy - to be signed a carrier which transfers to its sender during the moment cargo acceptance. [447]

Also the Convention of 1999 fixes the maintenance of an airfreight waybill or the receipt on cargo, they should contain the following information: a designation of points of departure and appointment; if points of departure and appointments are in territory of the same state-participant, and one or several provided stops are on territories of other state, instructions at least one such stop; a designation of weight of sending. [448]

The convention of 1999 defines, that an airfreight waybill or the receipt on cargo if the return has not been proved, are the proof of making contract, acceptance of cargo and the conditions of transportation specified in them. Data on weight, the sizes and cargo packing, and also on number of places in an airfreight waybill or the receipt on cargo if the return has not been proved, are the proof of the informed data. [449] non-observance of requirements to the documentation does not mention the validity of the contract of carriage which, in any case is regulated by the Convention of 1999, including positions about responsibility restrictions. [450]

The carrier bears the absolute tort liability, caused as a result of destruction, losses or goods damages if it is put during air transportation (a carrier are born by responsibility for the goods).

[451] Carrier bears the tort liability, caused owing to a transportation delay if it will not prove, that it (either its agent or its employees) takes all possible, reasonable measures for avoidance of such harm, or it was impossible what to take such measures. [452] Moreover, the carrier does not bear responsibility if it proves, that destruction, loss or goods damage it have occurred as a result of certain circumstances: i) defect, quality or defect of the goods; ii) poor-quality packing of cargo if it is carried out not by a carrier (either its agent or its employees); iii) war or a confrontation; iiii) the public authority certificate. [453] Carrier can demand also full or partial condonation on the basis of negligence of the person who are claiming damages (raise the defence of contributory negligence). [454] Convention of 1999 establishes limits of responsibility of a carrier and limits of the size of the indemnification. In the contract of carriage higher can be provided or the carrier unlimited liability. However positions of the contract on restriction or condonation I will are recognised by void. [455]

The consigner has the right to take away the goods at any moment, to demand its delay in any point of planting of the plane, goods delivery to other person or cargo returnings in a point of departure. The right of the order should not be used by the goods to the detriment of a carrier or other consigners. If to fulfil requirements of the consigner it is impossible, the carrier is obliged to notify him on it immediately. [456]

The right of the order the goods of the consigner stops while the goods reach destinations, and there is a right of the order the goods of the consignee. [457] if in the contract other is not provided, the carrier is obliged to notify the consignee immediately on the arrival of the goods. [458] consignee has the right to demand from a carrier, from the moment of arrival of the goods in destination, transfer to it the goods after payment of due payment and performance

Transportation conditions. [459] however if the consignee refuses to accept the goods or with it it is impossible to communicate, the consigner again gets the right of the order to the goods. [460]

The convention of 1999 regulates terms and an order of references with claims in court in case of destruction, losses or goods damages, and also a delay of its delivery. The convention of 1999 cancels all rights to the indemnification if the reference has been submitted in time more than two years after date of arrival of the goods after the goods should arrive or after goods transportation has been stopped. [461]

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A source: Afanaseva Taisija Aleksandrovna. LEGAL REGULATION OF RELATIONS OF THE TRADING TURN In Scotland. The dissertation on competition of degree of the master of laws. Moscow, 2017. 2017

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