الأساس القانوني للالتزام بضمان سلامة السائح

Abstract EN

The contract of tourism is defined as an agreement between the tourist and the tourism and travel agency.

The latter is obliged to provide a service or several services for a price charged by the tourist.

The contract, like other contracts, entails several obligations borne by the travel agency and the tourist.

Agency, and is intended to be committed to travel and travel agency to maintain the safety of the tourist.

A condition is stipulated, mainly, that there is a threat to the safety of a contractor, that the maintenance of the safety of a contractor is entrusted to the other contractor and finally that the debtor is professionally committed.

This obligation derives from the existence of the contract which was the source of its inception and derives its existence from the requirements of the contract such as law, custom and justice.

Al thought there is no legal text indicating the commitment to ensure safety in some contracts, such as the tourist contract that is the subject of our research, but jurisprudence has settled to the existence of this commitment in these contracts based on the existence of evidence that the debtor was aware of the occurrence of these risks during the tourist trip or was it is necessary to expect it to happen in order not to cause harm to the creditors, but is this enough for the obligation to ensure safety to be established? On what basis is the jurisprudence Club its existence, this dispute arose on the basis of this commitment, so many opinions emerged on this subject in order to reach in finding a solution, but laying the basis for this commitment did not it was not an easy thing if the debtor knowledge of the risks is subject to proving the opposite, or if it is not capable of proving it by reverse evidence, the question remains here regarding the approved basis and what is the relationship of the text of the article (2/150) of the Iraqi law – which stipulated that ; ( the contract is not limited to the contracting commitment to what it is mentioned in it, but it also deals with its requirements according to the law and custom according to the nature of the obligation) – the subject of determining the obligation to ensure the safety of the tourist.