المسؤولية المدنية عن أضرار الحوادث البحرية غير التقليدية : دراسة مقارنة بين التشريعين المصري و الإماراتي

الملخص EN

Maritime accidents in general, and non-traditional ones in particular, occupy an important rank among other types of accidents due to the evolution of the role of the machine, including ships, as well as the scientific development of the marine field and the surrounding environment, and we will focus our research on non-traditional marine accidents.

Trying to establish an appropriate definition thereof, defining their scope, limiting their species and types of the damages resulting from them, whether related to the marine environment or other environments or human in any of them.

Then we try to find a suitable legal basis for civil liability resulting from the damage of non-traditional marine accidents, insofar as it can be founded on a fault that should be proven, or on a presupposed fault, or on the idea of objective responsibility based on the idea of risk (proven damage) and not the fault or presupposed fault.

In light of the above, we are trying to determine the appropriate sanction for civil liability for damage caused by non-traditional marine accidents, and how to make reparations for each of these types, whether in-kind compensation as the most appropriate means of remedying such damage, or alternative cash compensation for the form of compensation, and the means of assessment.

This is to find ways to evade the defendant from liability in the claim of liability and turn aside his liability or reduce it.