Abstract:
The Contract Law in our country uses ticket delivery as the basic standard of judging the formation time of passenger transport contract,which does not fit aviation passenger transport contract. While setting up the formation time of aviation passenger transport contract,the balance of benefits and detriments between the two parties,legal theories,legal logic,and transaction customs should be considered. Aviation passenger transport contract is not suitable to be legislated nor agreed as a kind of practical contract,nor as a kind of formational contract,unless the contract in practice owns no Adhesion clauses. The demonstration of flight information should be held as invitation of offer,while the expression of deciding buying a ticket from a passenger is an offer,and the expression of deciding selling or not selling a ticket from an airline is an acceptation.