الطبيعة القانونية لمسؤولية الناقل الجوي و شروط انعقاد مسؤوليته عن سلامة البضائع و الأمتعة في الاتفاقيات الدولية و في القانون الإماراتي

الملخص EN

Warsaw convention did not distinguish between the responsibility of the air carrier for the passenger or the cargo.

This convention was, amended in 1999 by Montreal Agreement.

According to the new amendment the carrier’s responsibility shall be regarded as objective responsibility for all damage caused to passengers and their checked baggage.

In the UAE, the Treaty of Chicago Protocols and other International Agreements are considered as complementary provisions to the UAE Air Law, Currently in the UAE, there is no unified legislation that deals with most matters of civil air navigation.

Most issues with this regard are solved by the UAE Civil Aviation Law, UAE Law of Commercial Transactions or by International Conventions that have been previously approved.

Hence, in the event of a conflict between the provisions of national law and the provisions of the agreements, confusions and questions may arise on which law to be applied.

Based on the interpretations of Civil Aviation Law and the Law of Commercial Transactions, it can be assumed that matters related to the operations of domestic air transport should come under these two laws, and the International Conventions should be applied to issues regarding international air transport.

However, further clarification, and clear provisions are needed to this issue.