Wrongfully liability About Accidents by Aircraft Accidents by Aircraft

Abstract

This research aims to: 1. study the origin, concepts, and theories regarding the principle of tort liability arising from air transportation; and 2. study and compare the principles of general tort liability according to the Civil and Commercial Code with international agreements. The research conducted herein was Qualitative Research and included documentary research and summaries of analyses, the benefits of which were used as a method for summarizing recommendations from the research. 

The researcher found that the issue of tort liability arising from air transportation was a problem at the international level arising from the fact that at the present time the advancement and progress in the air transportation system has experienced a very high rate of growth.  This has the effect of causing the risk of loss from accidents in air transportation to increase very much, as a shadow follows the body.  Generally speaking, accidents of this type are related to two types of people, namely : "air transportation regulators" and "air traffic controllers."  In the case that the loss or damages arise from an accident in air transportation, according to the provisions of the Civil and Commercial Code regarding negligence, there is not sufficient clarity or precision to determine that as between "air transportation regulators" and "air traffic controllers" which is the party that must take responsibility in civil law for any loss or damage which occurs. 

Thailand in its status as a party to the Convention on International Civil Aviation of 1944 must be bound by the provisions of the foregoing agreement by implication and has, therefore, taken the principles thereof and enacted them in the Aviation Act of 1954. 

At any rate, regarding tort liability arising from air transportation, even though there has been the publication to begin using the Aviation Act of 1954 along with twelve amendments and revisions thereto, the principles regarding liability which are proscribed in appendix two of the Convention on International Civil Aviation have still not been enacted.  Therefore, for the sake of deciding and adjudicating cases

in the court according to international standards and international law, it is appropriate to take the principles contained in the second appendix and enact them in the Aviation Act of 1954.