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Aviation Law Obligation Warsaw
Aviation Law Obligation Warsaw
Civil aviation
Case of Jose Mendoza v. Philippine Air Lines,
- Aeronautics or aviation refers to the
Inc. Discussion regarding whether or not air
science and art of flight.
transportation be considered a common carrier.
- Refers to the operation of any civil
- Common carrier as it is just the same aircraft for the purpose of general
with water/land transportation. aviation operations, aerial work or
- Reason why it is not included in the commercial air transport operations.
COC was because air on a commercial - Any machine that can derive support in
basis was not yet known. the atmosphere from the reactions of
- The test of whether one is a common the air.
carrier by air is whether he holds out - Includes only civil aircraft and not
that he will carry for hire. public/state aircraft.
Charter of Aircraft
Freedom of the air
- Charter trips are regulated by CAB.
- Charter trip means air transportation - In the air service agreement, freedoms
performed by an air carrier—where the are enumerated by the International
entire capacity of one or more Civil Aviation Organization.
aircraft/less than the entire capacity has
First freedom
been engaged for the movement of
persons and their personal baggage. - Right of privilege in respect of
a. Sole use; scheduled international air services
b. By a representative; granted by one state to another—
c. Airfreight forwarded holding a without landing.
currently effective permit
Second freedom
Charter of aircraft may be classified into:
- Right of privilege in respect of
1. On route charter; scheduled international air services,
- Performed an air carrier which is granted by one state to another TO
authorized by a CPCN or foreign air LAND IN ITS TERRITORY FOR NON-
carrier permit. TRAFFIC PURPOSES.
2. Off route charter;
- All air carrier which is not on route. Third freedom
3. Pro-rata charter; - Right or privilege… to put down in the
- Charter the cost of which is divided territory of the first state, traffic
among the passenger transported. coming from the home state of the
4. Single entity charter; and carrier.
- charter the cost of which is borne by
the charterer and not by individual Fourth freedom
passengers, directly or indirectly. - Right or privilege… destine for the
5. Mixed charter. home of the carrier.
- Cost be borne partly by charter
participants/charterer. Fifth freedom
Prescription