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 the provisions of this Law, and shall be deemed to be one of the contracting parties to the contract of transport in so far as that part of the transport is concerned which is performed by it in accordance with the contract.

In the case of transport of this nature, the passenger or his successor can take action only against the carrier who performed the part of transport during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier shall assume liability for the whole journey.

As regards checked baggage or cargo, the passenger or shipper shall have the right of action against the first carrier, and the passenger or consignee shall have the right of action against the last carrier, and further, each may take action against the carrier who performed the part of transport during which the destruction, loss, damage, or delay took place. These carriers shall be jointly and severally liable to the passenger or to the shipper or consignee.

Article 137 "Contracting carrier" referred to in this Section means any person who has concluded a contract of transport by air subject to the regulations of this Chapter in his own name with a passenger or a — 58 —