Civil responsibility in air transport: a perspective after the uptodate Rome 1952 international treaty

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Artur Antonio da Rocha
Antonio Henriques de Araujo Junior


Air transport responsibility, Civil Law, Common Law, International Air Transportation Convention Rules, Partners, Global airline industry


This paper analyzes the civil responsibility of air transport carriers in accordance with the “Unification Convention Rules for International Air Transportation”. The matter of civil responsibility is a complicated and conflicting theme for analysis due to the difficulty even greater to the additional problem of having to define responsibilities when a disaster of great proportions takes place. Contrary to other modes of transportation, in the case of air transport there is rarely partial damage (when an accident occurs), therefore it is important to remember that in an aeronautical accident, the damages (or sinister) are not partial, they are total. On the other hand, should be considered that the airline industry is global, in which parts of a whole can come from distant countries involving partners from different countries with different realities and legal liability. The existence of joint responsibility of partners involved in the airline industry is what is meant to identify with this article.


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