المركز القانوني لقائد الطائرة == The Legal Position Of Aircraft Commander
Author name:
مهند موسى جاسـم
Supervisor name:
فاروق ابراهيم جاسم
General topic:
Law
Specific topic:
Commercial Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1512 - p.pdf
Abstract:
The pilot is regarded as a president of a state in the society that exist on board because of the remoteness of the aircraft from state authorities.It may be subjected to an emergency without control or surveillance or without supervisor from the governmen. Accordingly it was very necessary to have an authority on board works as government or does state responsibilities specially keeping order and security on board. The pilot was most proper person to be authorized such a responsibility and difficult task.Because of such difficult task , the international treaties , agreements and laws had put many compulsory obligations and conditions which should be available in the pilot. There were many differences among the specialists about the nature of the job of the pilot and the nature of this contract between him and the airways investor. Some of them prefer that the signed contract should be work contract with special nature due to some great difficulties about innocence work contract.Here we can call it " air work contract ". As the aircraft is the main instrument used in this case and used specially by the pilot , then we must refer to speaking about that subject before talking about the pilot personally. Also the air safety depends fundamentally upon the used aircraft in flight; therefore there should be some special conditions and characteristics available in that instrument. The pilot has wide authorities whether upon the passengers or the aircraft crew that exist on board or even the corresponding and communication on board. Anybody got such capacity , abilities and powers , he must have good qualifications and knowledge. Basing on such information and description, the success of air flight or it failure depends in fundamentally upon the competence and qualifications of the pilot. Dealing with such a subject needs explanation about the powers and responsibilities of the pilot., specifying the law concerned which should be applied on board , action which may or should be executed on board , events and behaviors that may occur during the air flight. Because the pilot has great and wide authorities and power , it was natural that the responsibilities should be in the same level with those authorities and powers.. He is completely responsible for all his conducts , behaviors and any action he does ob board. But still some of these behaviors may lead to catastrophe mistakes. Any mistake committed by the pilot may lead to destroying and crashing the aircraft and death of the passengers on board and the crew also. Accordingly the pilot will be responsible for the consequences of his mistake ;therefore he feels always that he has great and hard responsibility required from him attention and watchfulness , although some pilots cannot bear such consequences ;therefore the international laws specified the pilot's responsibilities and duties against special amount as with air investor
