(6)--1952 年罗马公约英文航空法概论.pdf

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1、CONVENTION ON DAMAGE CAUSED BY FOREIGN AIRCRAFT TO THIRD PARTES ON THE SURFACE,SIGNED AT ROME,ON 7 OCTOBER 1952(ROME CONVENTION 1952)THE STATES SIGNATORY to this Convention MOVED by a desire to ensure adequate compensation for persons who suffer damage caused on the surface by foreign aircraft,while

2、 limiting in a reasonable manner the extent of the liabilities incurred for such damage in order not to hinder the development of international civil air transport,and also CONVINCED of the need for unifying to the greatest extent possible,through an international convention,the rules applying in th

3、e various countries of the world to the liabilities incurred for such damage,HAVE APPOINTED to such effect the undersigned Plenipotentiaries who,duly authorised,HAVE AGREED AS FOLLOWS:CHAPTER I PRINCIPLES OF LIABILITY Article 1 1 Any person who suffers damage on the surface shall,upon proofonly that

4、 the damage was caused by an aircraft in flight or by any person or thing falling therefrom,be entitled to compensation as provided by this Convention.Nevertheless there shall be no right to compensation if the damage is not a direct consequence of the incident giving rise thereto,or if the damage r

5、esults from the mere fact of passage of the aircraft through the airspace in conformity with existing air traffic regulations.2 For the purpose of this Convention,an aircraft is considered tobe in flight from the moment when power is applied for the purpose of actual take-off until the moment when t

6、he landing run ends.In the case of an aircraft lighter than air,the expression in flight relates to the period from the moment when it becomes detached from the surface until it becomes again attached thereto.Article 2 1 The liability for compensation contemplated by Article 1 of thisConvention shal

7、l attach to the operator of the aircraft.2(a)For the purposes of this Convention the term operator shallmean the person who was making use of the aircraft at the time the damage was caused,provided that if control of the navigation of the aircraft was retained by the person from whom the right to ma

8、ke use of the aircraft was derived,whether directly or indirectly,that person shall be considered the operator.(b)A person shall be considered to be making use of anaircraft when he is using it personally or when his servants or agents are using the aircraft in the course of their employment,whether

9、 or not within the scope of their authority.3.The registered owner of the aircraft shall be presumed to be theoperator and shall be liable as such unless,in the proceedings for the determination of his liability,he proves that some other person was the operator and,in so far as legal procedures perm

10、it,takes appropriate measures to make that other person a party in the proceedings.Article 3 If the person who was the operator at the time the damage was caused had not the exclusive right to use the aircraft for a period of more than fourteen days,dating from the moment when the right to use comme

11、nced,the person from whom such right was derived shall be liable jointly and severally with the operator,each of them being bound under the provisions and within the limits of liability of this Convention.Article 4 If a person makes use of an aircraft without the consent of the person entitled to it

12、s navigational control,the latter,unless he proves that he has exercised due care to prevent such use,shall be jointly and severally liable with the unlawful user for damage giving a right to compensation under Article 1,each of them being bound under the provisions and within the limits of liabilit

13、y of this Convention.Article 5 Any person who would otherwise be liable under the provisions of this Convention shall not be liable if the damage is the direct consequence of armed conflict or civil disturbance,or if such person has been deprived of the use of the aircraft by act of public authority

14、.Article 6 1.Any person who would otherwise be liable under the provisionsof this Convention shall not be liable for damage if he proves that the damage was caused solely through the negligence or other wrongful act or omission of the person who suffers the damage or of the latters servants or agent

15、s.If the person liable proves that the damage was contributed to by the negligence or other wrongful act or omission of the person who suffers the damage,or of his servants or agents,the compensation shall be reduced to the extent to which such negligence or wrongful act or omission contributed to t

16、he damage.Nevertheless there shall be no such exoneration or reduction if,in the case of the negligence or other wrongful act or omission of a servant or agent,the person who suffers the damage proves that his servant or agent was acting outside the scope of his authority.2 When an action is brought

17、 by one person to recover damagesarising from the death or injury of another person,the negligence or other wrongful act or omission of such other person,or of his servants or agents,shall also have the effect provided in the preceding paragraph.Article 7 When two or more aircraft have collided or i

18、nterfered with each other in flight and damage for which a right to compensation as contemplated in Article 1 results,or when two or more aircraft have jointly caused such damage,each of the aircraft concerned shall be considered to have caused the damage and the operator of each aircraft shall be l

19、iable,each of them being bound under the provisions and within the limits of liability of this Convention.Article 8 The persons referred to in paragraph 3 of Article 2 and in Articles 3 and 4 shall be entitled to all defences which are available to an operator under the provisions of this Convention

20、.Article 9 Neither the operator,the owner,any person liable under Article 3 or Article 4,nor their respective servants or agents,shall be liable for damage on the surface caused by an aircraft in flight or any person or thing falling therefrom otherwise than as expressly provided in this Convention.

21、This rule shall not apply to any such person who is guilty of a deliberate act or omission done with intent to cause damage.Article 10 Nothing in this Convention shall prejudice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any othe

22、r person.CHAPTER II EXTENT OF LIABILITY Article 11 1.Subject to the provisions of Article 12,the liability for damagegiving a right to compensation under Article 1,for each aircraft and incident,in respect of all persons liable under this Convention,shall not exceed:(a)500 000 francs for aircraft we

23、ighing 1000 kilogrammes or less;(b)500 000 francs plus 400 francs per kilogramme over 1000 kilogrammes for aircraft weighing more than 1000 but not exceeding 6000 kilogrammes;(c)2 500 000 francs plus 250 francs per kilogramme over 6000 kilogrammes for aircraft weighing more than 6000 but not exceedi

24、ng 20 000 kilogrammes;(d)6 000 000 francs plus 150 francs per kilogramme over 20 000 kilogrammes for aircraft weighing more than 20 000 but not exceeding 50 000 kilogrammes;(e)10 500 000 francs plus 100 francs per kilogramme over 50 000 kilogrammes for aircraft weighing more than 50 000 kilo grammes

25、.1 The liability in respect of loss of life or personal injury shall notexceed 500 000 francs per person killed or injured.2 Weight means the maximum weight of the aircraft authorisedby the certificate of airworthiness for take-off,excluding the effect of lifting gas when used.3 The sums mentioned i

26、n francs in this Article refer to a currencyunit consisting of 65 milligrammes of gold of millesimal fineness 900.These sums may be converted into national currencies in round figures.Conversion of the sums into national currencies other than gold shall,in case of judicial proceedings,be made accord

27、ing to the gold value of such currencies at the date of the judgment,or,in cases covered by Article 14,at the date of the allocation.Article 12 1 If the person who suffers damage proves that it was caused bya deliberate act or omission of the operator,his servants or agents,done with intent to cause

28、 damage,the liability of the operator shall be unlimited;provided that in the case of such act or omission of such servant or agent,it is also proved that he was acting in the course of his employment and within the scope of his authority.2 If a person wrongfully takes and makes use of an aircraft w

29、ithoutthe consent of the person entitled to use it,his liability shall be unlimited.Article 13 1 Whenever,under the provisions of Article 3 or Article 4,two ormore persons are liable for damage,or a registered owner who was not the operator is made liable as such as provided in paragraph 3 of Articl

30、e 2,the persons who suffer damage shall not be entitled to total compensation greater than the highest indemnity which may be awarded under the provisions of this Convention against any one of the persons liable.2 When the provisions of Article 7 are applicable,the person whosuffers the damage shall

31、 be entitled to be compensated up to the aggregate of the limits applicable with respect to each of the aircraft involved,but no operator shall be liable for a sum in excess of the limit applicable to his aircraft unless his liability is unlimited under the terms of Article 12.Article 14 If the tota

32、l amount of the claims established exceeds the limit of liability applicable under the provisions of this Convention,the following rules shall apply,taking into account the provisions of paragraph 2 of Article 11:(a)If the claims are exclusively in respect of loss of life or personal injury or exclu

33、sively in respect of damage to property,such claims shall be reduced in proportion to their respective amounts.(b)If the claims are both in respect of loss of life or personal injury and in respect of damage to property,one half of the total sum distributable shall be appropriated preferentially to

34、meet claims in respect of loss of life and personal injury and,if insufficient,shall be distributed proportionately between the claims concerned.The remainder of the total sum distributable shall be distributed proportionately among the claims in respect of damage to property and the portion not alr

35、eady covered of the claims in respect of loss of life and personal injury.CHAPTER III SECURITY FOR OPERATORS LIABILITY Article 15 1 Any Contracting State may require that the operator of anaircraft registered in another Contracting State shall be insured in respect of his liability for damage sustai

36、ned in its territory for which a right to compensation exists under Article 1 by means of insurance up to the limits applicable according to the provisions of Article 11.2(a)The insurance shall be accepted as satisfactory if it conformsto the provisions of this Convention and has been effected by an

37、 insurer authorised to effect such insurance under the laws of the State where the aircraft is registered or of the State where the insurer has his residence or principal place of business,and whose financial responsibility has been verified by either of those States.(b)If insurance has been require

38、d by any State under para-graph 1 of this Article,and a final judgment in that State is not satisfied by payment in the currency of that State,any Contracting State may refuse to accept the insurer as financially responsible until such payment,if demanded,has been made.1 Notwithstanding the last pre

39、ceding paragraph the State overflownmay refuse to accept as satisfactory insurance effected by an insurer who is not authorised for that purpose in a contracting State.4.Instead of insurance,any of the following securities shall bedeemed satisfactory if the security conforms to Article 17:(a)a cash

40、deposit in a depository maintained by the Contracting State where the aircraft is registered or with a bank authorised to act as a depository by that State;(b)a guarantee given by a bank authorised to do so by the Contracting State where the aircraft is registered,and whose financial responsibility

41、has been verified by that State;(c)a guarantee given by the contracting State where the aircraft is registered,if that State undertakes that it will not claim immunity from suit in respect of that guarantee.1 Subject to paragraph 6 of this Article,the State overflown mayalso require that the aircraf

42、t shall carry a certificate issued by the insurer certifying that insurance has been effected in accordance with the provisions of this Convention,and specifying the person or persons whose liability is secured thereby,together with a certificate or endorsement issued by the appropriate authority in

43、 the State where the aircraft is registered or in the State where the insurer has his residence or principal place of business certifying the financial responsibility of the insurer.If other security is furnished in accordance with the provisions of paragraph 4 of this Article,a certificate to that

44、effect shall be issued by the appropriate authority in the State where the aircraft is registered.2 The certificate referred to in paragraph 5 of this Article need notbe carried in the aircraft if a certified copy has been filed with the appropriate authority designated by the State overflown or,if

45、the International Civil Aviation Organization agrees,with that Organization,which shall furnish a copy of the certificate to each contracting State.3(a)Where the State overflown has reasonable grounds fordoubting the financial responsibility of the insurer,or of the bank which issues a guarantee und

46、er paragraph 4 of this Article,that State may request additional evidence of financial responsibility,and if any question arises as to the adequacy of that evidence the dispute affecting the States concerned shall,at the request of one of those States,be submitted to an arbitral tribunal which shall

47、 be either the Council of the International Civil Aviation Organization or a person or body mutually agreed by the parties.(b)Until this tribunal has given its decision the insuranceor guarantee shall be considered provisionally valid by the State overflown.1 Any requirements imposed in accordance w

48、ith this Article shallbe notified to the Secretary General of the International Civil Aviation Organization who shall inform each contracting State thereof.2 For the purpose of this Article,the term insurer includes agroup of insurers,and for the purpose of paragraph 5 of this Article,the phrase app

49、ropriate authority in a State includes the appropriate authority in the highest political subdivision thereof which regulates the conduct of business by the insurer.Article 16 1.The insurer or other person providing security required underArticle 15 for the liability of the operator may,in addition

50、to the defences available to the operator,and the defence of forgery,set up only the following defences against claims based on the application of this Convention:(a)that the damage occurred after the security ceased to be effective.However,if the security expires during a flight,it shall be continu