عقد الفندقة في القانون الإنكليزي : دراسة مقارنة

Abstract EN

The Booking contract is considered as a type of hospitality contracts in the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts.

It is a complex contract of mixed nature, containing many contracts .

It is worth-bearing in mind that this contract is subject to the rules of two different English laws.

That is to say, The English common law, and the hotel proprietors Act 1956,which imposes contractual obligations on the the hotelkeeper.

But some other obligations of the innkeeper arise from other legislations: the occupier's liability Act 1957, and the occupier's liability Act 1984.

And they are non-contractual obligations, based upon the tort of negligence.

It is also worth-mentioning that this contract includes some terms implied by courts.

Whereas the Iraqi civil code No.40 of 1951 did not regulate expressly this contract within the nominate contracts, but the rules of both the contract of sale and enterprise can be applied to this contract, because it contains sale of food and drink, as well as other services closely related to it, which the restaurateur provides to the customer