Common use of Civil Law Jurisdictions Clause in Contracts

Civil Law Jurisdictions. In France, as already mentioned,59 the position of French Courts evolved from a ‘damage based’ approach. In 1979, the Court of Appeal of Paris60 looked more closely at the wording of the 1929 Warsaw Convention as amended, in this case regarding hijacking, and implicitly confirmed that an ‘accident’ was required for the text to be applicable. In this matter, the Court defined this term as a material and fortuitous event of a mechanical 56 In Xxxxx, the Court mostly focused on the interpretation to be given to terms ‘bodily injury’, the exclusivity and the temporal scope of the carrier’s liability. See, Xxxxx v. Xxxxxx Xxxx Tour Operators Ltd, (2014) UKSC 15.