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مسؤولية الناقل الجوي عن التاخير في نقل المسافرين : دراسة مقارنة
Author name:
احمد حميد كريم حميد الجميلي
Supervisor name:
سعد حسين عبد ملحم الحلبوسي
General topic:
Law
Specific topic:
Commercial Law
Degree:
Master
University:
University of Fallujah - College Of Law - Department Of Private Law
Language:
Arabic
University location:
Anbar
First pages:
13T1637 - p.pdf
Abstract:
There is no doubt that air transport is one of the most important economic sectors in any country, which is, at the same time, an important, if not the most important, means of transporting passengers, and air transport in this sense has evolved day by day as a result of the increased demand by travelers for the air transport advantage of the speed of delivery to Destination, comfort and security to some extent compared to other modes of transport.The development of air transport for passenger transport has not been limited to the emergence of mega - companies providing this service and benefiting from technological advances in the manufacture of high - speed and luxury aircraft and the provision of amenities. The development included marketing and the use of modern means of communication such as the Internet for the sale of tickets through the automated reservation system, and with all this development and technological progress, many problems have arisen between the air carrier and the traveller, and perhaps the most important problem with legal dimensions is the failure to deliver the traveller in The time limit is any liability of the air carrier for delays in transporting passengers.In view of the importance of air transport, the question of its regulation was not limited to domestic law, but international conventions were the basis for the regulation of air carrier liability. One of the most important of these conventions is the Convention for the Unification of certain international Air transport rules signed in WARSAW on 12 October 1929 and followed by Numerous conventions and protocols amending and supplementing them, including the 1955 Lahay Protocol, the Guadalajara Protocol of 1961 and the Protocol of Guatemala of 1971, as well as the International Convention for the Unification of certain Rules relating to international carriage by air, signed at Montreal in 1999. The European System of compensation and assistance for passengers numbered 261/2004.The exploitation of the atmosphere as any other activity by the human may give rise to liability, as the air carrier or its aircraft, when implementing the air transport contract, may breach one of its obligations under the air transport contract. Leading to injury to the traveler, here the international community feels the importance of addressing the issue of carrier responsibility Air, through international conventions that regulated the liability of the air carrier, however, this responsibility remains an2 .Aimportant topic around which the discussions are taking place, and the reason for the developments surrounding the human being, what was accepted yesterday is no longer acceptable today, and what is present is difficult to be tomorrow. Palatable.As the speed is characteristic of air transport from other types of transport, so the main and important obligation of the air carrier is, which can be associated with liability, is the implementation of the transfer by bringing the traveller to his or her destination on time, an agreement or a law without delay, and in this spirit we have discussed the carrier's responsibility About the delay in transporting the passengers, which we searched in a preliminary and two chapters, as we were in the preliminary inducer, the air transport contract. Through its definition and knowledge of the characteristics that characterize it as well as the types of air transport through its partitioning into inland air transport and international air transport, the first chapter has been Its allocation to reflect the concept of air carrier's obligation to carry out the transfer on time, in which we have defined the obligation to implement air transportation on time, as well as the nature of this obligation. The concept and standard of delay were also clarified and distinguished from suspected cases, and the scope of liability was also indicated Air carrier by specifying this range in terms of time and persons, chapter II is devoted to the investigation of liability and its impact by examining the fault of the carrier or its disciples in the event of delay, and the damage to the traveller as a result of the delay and the types of damage (material damage and moral damage) has been explained, as discussed Causal link between the line and the damage by examining how this association is achieved as well as the case of the presumption of causation; As to the effect of the delay in the carrier's implementation of its obligation to deliver the traveller on time, the compensation provisions for the delay were examined in detail. The study was then summarized with a number of conclusions and recommendations that were confirmed in the conclusion of the present study.
