الأحكام النظامية المتعلقة بالتصادم و الإنقاذ البحريين : دراسة مقارنة في النظم البحرية السعودية

Abstract EN

This study is concerned with legal provisions pertinent to collision to maritime facilities and installations, in addition to the operations of rescue and assistance afforded in the sea between ships.

To this aim, the researcher has shed light on the meaning and definition of ‘Maritime Collision’, its terms and ensuing liabilities, together with the competent court considering such type of maritime collision accidents.

Moreover, the researcher has tackled the meaning and definition of assistance, rescue and terms and conditions of both of them, in addition to the reward given in exchange for such assistance, evaluation of such reward.

Eventually, the researcher strikes a comparison between the historical vs.

new Saudi Maritime Law of 1440.

The researcher has concluded several findings as follows.

The lawmaker has pointed out the meaning of ‘Maritime Collision’ in the new law – compared to the historical one wherein the lawmaker failed to refer to the definition of ‘Maritime Collision’ rather than some general provisions thereof.

The new law has covered the scope of liabilities as it stated that in case of any collision owing to any fault made by either ship, the faulty ship should then bear the responsibility of such collision.

However, according to the historical regulation, the captain was solely the one who is responsible for such collision.

Hence, the wording of the article in the new law refers to liability of such collision may include the ship captain and others.

Wording in the newly introduced regulations relevant to collision due to joint fault has been more accurate and clear in terms of liabilities and the ruling ensuing from such type of collision.