| 英文摘要 |
Air passenger transportation contracts require the application of trade usage, but trade usage is difficult to recognize, making it difficult to play a role in air passenger transportation contracts. The application of trade usage can adjust the time of the establishment of the air passenger transportation contract, interpret the meaning of the air passenger transportation contract terms, affect the effectiveness of the air passenger transportation contract terms, and become a standard to determine whether the air carrier is in breach of contract. In the field of air passenger transportation, the practice of the air passenger transportation industry reduces the difficulty of proving "repeated application", and the notification of the General Conditions of Carriage of Air Transport promotes the "general recognition" of the parties. Therefore, in addition to the general standards, the international practice, the recommended measures, and the General Conditions of Carriage can be used as auxiliary standards for determining the trade usage of air passenger transportation contracts. The identification of trade usage should also take into account the judgment of law and policy, and must satisfy the requirements that the law does not incorporate the provisions and the law does not deny the effect. After identification, air passenger transportation contract trade usage can be typified into trade usage related to aviation safety and trade usage related to aviation benefits. |
