Wybór prawa dla umowy przewozu osób w transporcie kolejowym i lotniczym
Choice of law for contracts of carriage of passengers in rail and air transport

Summary/Abstract: This paper analyses the choice of law rules for contracts of carriage of passengers under Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). While the Rome Convention did not contain any special rules for such contracts, the Rome I Regulation adopts a restricted form of party autonomy for the carriage of passengers. The parties are restricted to choosing between the country of the passenger’s habitual residence, the carrier’s habitual residence, the carrier’s place of central administration, the place of departure or the place of destination. The inclusion of a special choice of law rule for such contracts in the Rome I Regulation resulted from the desire of a number of Member States to ensure an adequate level of passenger protection. However, the achievement of this protection goal by way of limited choice of law is doubtful.

• Details
• Contents