Odgovornost prijevoznika za smrt i tjelesne ozljede putnika - međunarodni i nacionalni propisi
Bibliographic record
Abstract
In this doctoral thesis, the problem areas of carrier responsibility for death and physical injury to passengers in sea transport, domestic navigation, air, and road and rail transport are analysed in relation to international conventions, Croatian regulations and the regulations of the EU. In ordering the subject matter, both at an international and national level, we noted the tendency, on the one hand to increase the amount of compensation in the service user's favour while on the other hand the carrier is protected in such a way that that the loss of rights to limited liability is just intention or dolus eventualis. Related to this is the function of insurance against carrier responsibility which is also based on the principles of limited liability. The institute of direct lawsuits (actio directa) where the injured party can directly approach the insurer and gain satisfaction within the limits of carrier responsibility is also introduced Particularly, work on the unification of transport law in relation to passenger transport contract is emphasised. We also established that it has been powerfully present for almost 100 years (Warsaw Convention of 1929). More recent international instruments have introduced a two-tier system of responsibility which is significantly new in transport law. At the first level, the carrier is responsible objectively on the basis of causality and at the second level responsibility is based on presumed guilt. (Montreal Convention of 1999 and the Athens Convention of 2002). Particular attention is paid to the harmonisation of national legal regulations from international conventions as well as those of the EU. National regulations to a great extent satisfy international legal standards. EU regulations as a special legal system within the overall implemented solutions of international conventions regarding the responsibility of carriers for the death and physical injury to passengers by which a high level of unification is achieved and consequently there is more quality legal protection in compensation procedure. Overall, we can conclude that in the area of responsibility the most legally regulated branch is air transport both in domestic and international law. The necessity for review of the international convention for road transport is emphasised as well as the bringing in of new international instruments which would regulate passenger transport in domestic waters. As far as Croatian legislation is concerned, it is absolutely necessary to enact new regulations in the area of road transport and transport in domestic waters. The author also purports a unified system of responsibility, that is, the same legal position for both carrier and passenger in all areas of transport. The final aim of legal regulation of this important institute is the improvement of existing legal solutions so that they are adapted to the demands and needs of our modern way of life and pro futuro it is suggested that international solutions be widely accepted which is the precondition for successful transport activity and development and to increasing assure that the injured party achieves rights to compensation.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.002 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.002 | 0.002 |
| Scholarly communication | 0.007 | 0.003 |
| Open science | 0.001 | 0.003 |
| Research integrity | 0.001 | 0.002 |
| Insufficient payload (model declined to judge) | 0.017 | 0.004 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".