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The article analyzes de civil liability by injury and death in accidents occurred

during instruction flights done inside the territory of the Republic. If a flight
instructor has participated in the accident, it is proposed that the responsibility
is contractual and it is determined in compliance to the regulations of the
General Suppletory Rights.
The intervention of a flight inspector, who is an official of the Direccin
Aeronutica Civil, or another public official, leads the way to address noncontractually against the State, by lack of service. Instead, concerning to
damages on the surface, (damages, injury or death), the liability is always noncontractual and objective, regardless of the employee role of the commander,
instructor or flight inspector and the type of aircraft causing the damages, and
it is determined in compliance with the Special Regime of Aeronautics Code.
The importance of this study lies in that instruction flights are not subject to
the special regime of objective liability of the aerial transportation services of
passengers nor load, and the judicial rulings protected in such norms to
attribute responsibility to the aircrafts owner or the State are deviated from the
Legal Regime. The instruction flights imparted by aerial clubs are not covered
by a mandatory insurance making the commissioning of a regime such as the
transport of passengers and load, commercially viable. The obligation of having
an insurance only reaches the commercial aeronautics field.

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