Page:China Civil Aviation Law 1995.pdf/71

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dice the question whether a person liable for damage in accordance with its provisions has a right of recourse against any other person.

Article 166 The operator of a civil aircraft shall be covered by insurance against liability for third parties on the surface or obtain corresponding guarantee.

Article 167 The insurer or the guarantor may, in addition to the defences available to the operator, and the defence of forgery, set up only the following defences against claims brought up in accordance with the provisions of this Chapter:

(1) That the damage occurred after the insurance or guarantee ceased to be effective. However, if the insurance or guarantee expires during a flight, it should be continued in force until the next landing specified in the flight plan, but no longer than twenty-four hours; and

(2) That the damage occurred outside the territorial limits provided by the insurance or guarantee, unless flight outside of such limits was caused by force majeure, assistance justified by the circumstances or an error in piloting, operation or navigation.

The continuation in force of the insurance and guarantee under the provisions of the preceding paragraph shall apply only for the benefit of the person suffering damage.

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