مسؤولية صاحب الفندق المدنية في القانون الإنجليزي : دراسة تحليلية مقارنة

الملخص EN

The Hotelier’s civil liability in the English law is considered as his/ her obligation to compensate the damage resulting from the breach of his/ her duties and obligations as a hotel manager.

It arises as a contractual liability, such as breaching the contract concluded between him/her and the guest, a tortious liability such as negligence, or an objective liability, such as the damage incurred on the guest, without the need to prove the hotelier’s tort.

This type of liability originates from customs and judicial precedents of English courts, within a special legal system known as the law of hospitality, which is considered as part of the common law.

But it was regulated later by much legislation.

However, the comparative law under study, namely the Federal civil transactions law No.

5 of 1985 of the United Arab Emirates and the Iraqi civil law No.40 of 1951 did not regulate the booking contract within the nominated contracts, at all.

It rather depended on general rules to regulate the particular rules of this contract, including the hotelier’s civil liability, except for the hotel bailment which is regulated by these two laws.