مسئولية الناقل البري عن الإخلال بضمان سلامة الراكب أو المسافر في الحوادث المفاجئة في القانون اليمني و المصري : دراسة مقارنة

الملخص EN

The land transportation contract of people, which is a commercial contract, imposes a number of obligations on the carrier, the most important of which is the commitment to ensure the safety of the passenger/traveler.

In other words, it is an obligation to achieve the result, namely, the arrival of the passenger / traveler to the location agreed upon unharmed and at the appointed time.

If the passenger /traveler is injured or damaged during the period of executing the carriage contract; the carrier, therefore, becomes liable for such a damage as such a liability is considered as a contractual responsibility based on the carriage contract concluded between the two parties (the passenger/traveller and the carrier).

In this case, the passenger/traveler has only to prove the damage to which he was subjected, without the need to prove the carrier’s fault.

And if the carrier wants to deny his responsibility for such a damage; it is not sufficient to prove that s/he has paid the necessary attention to ensure the safety of the passenger/traveler, but s/he has also to prove that the damage resulted from an external factor such as super natural forces, or due to passenger/traveler's error.

As for the damage resulted from sudden accidents related to the carrier's activities or any other damages in this regard, the carrier is still the sole responsible for that, whether the reason behind the damage belongs to the carrier's act, his/her employees, the means (vehicle) of transportation such as a defect in the vehicle, its explosion, burning, overturning, or any other accidents due to the vehicles equipment as well as the machinery used by the carrier even if s/he has nothing to do with such defects.

In this case, the carrier takes the responsibility for any damage ensues to one of the above mentioned reasons.

This responsibility is taken on the basis of contractual defect in the contract.