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in the proceedings.
      Article   159   If a person makes use of a civil air-
craft without the consent of the person entitled to its
navigational control and caused a damage to third par-
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ties on the surface, the person entitled to the navigat/on
control, unless he proves that he has exercised due care
to prevent such use, shall be jointly and severally liable
with the unlawful user.
   Article 160 Any person who would otherwise
be liable under the provisions of this Chapter shall not
be liable if the damage is the direct consequence of
armed conflict or civil disturbance.
    Any person who would otherwise be liable under
the provision of this Chapter shall not be liable if such
person has been deprived of the right to use the civil
aircraft by the public authority according to law.
   Article 161 Any person who would otherwise
be liable under the provisions of this Chapter shall be
exonerated from the liability for damage if he proves
that the damage was caused solely by the fault of the
person who suffers the damage or of the latter/s ser-
vants or agents. If the person liable proves that the
damage was contributed to by the fault of the person
who suffers the damage, or of his servants or agents,
the compensation shall be reduced to the extent to
which such fault contributed to the damage. Neverthe-
less, there shall be no such exoneration or reduction if,
in the case of the fault of a servant or agent, the person
who suffers the damage proves that his servant or agent
was acting outside the scope of his authority.
    Where an action is brought by one person to re-
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cover the damage arising from the death or injury of
another person, and the damage was caused by the fault
of such other person, or of his servants or agents, the
provisions of the preceding paragraph shall apply.
   Article 162 When two or more civil aircraft
have collided or interfered with each other in flight and
damage for which a right to compensation as contem-
plated in Article 157   of this Law results, or when two
or more civil aircraft have jointly caused such damage,
each of the civil aircraft concerned shall be considered
to have caused the damage and the operator of each
civil aircraft shall be liable.
   Article 163 The persons referred to in para-
graph 4 of Article 158 and Article 159 of this Law shall
be entitled to all defences which are available to an op-
erator under the provisions of this Chapter.
   Article 164 Neither the operator, the owner,
any person liable under Article 159 of this Law, nor
their respective servants or agents, shall be liable for
damage on the surface caused by a civil aircraft in
flight or any person or thing falling therefrom other-
wise than as expressly provided in this Chapter, ex-
cept any such person who has caused the damage de-
liberately.
    Article   165   Nothing in this Chapter shall preju-
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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 par-
ties 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 de-
fences 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 in-
surance or guarantee expires during a flight, it shoulcl
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 territori-
al 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 para-
graph shall apply only for the benefit of the person suf-
fering damage.
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   Article 168 Without prejudice to any right of
　
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本文鏈接地址：The Civil Aviation Law of the People's Republic of China(22)