مسلك المنظم البحري السعودي في المسؤولية الناشئة عن عقد القطر البحري

Abstract EN

The maritime tow has a big importance regarding the safety of ship, ports and regional water, and deemed an economic resource for ports, so, it becomes one of the common and compulsory business at ports, and the relevant texts mentioned at the commercial maritime system– issued in the Royal Decree No.

(M/33) dated 5/4/1440H- which stipulate a regulation of the arising responsibility rules at ports and regional water due to their occurrence under the authority of the country.

Through analyzing these texts, it was clear that it had linked between the proposed management, or the fixed management by a written agreement, and between the responsibility, while responsibility is affiliated to the management, because the harmful deed is affiliated to who act the process of tug, accordingly the regulator mentioned the difference between arising responsibility of the maritime tug contract inside ports borders and outside ports borders, while inside ports, it is under the responsibility of the organizer of the trailer ship, because it is the proposed management, otherwise if the tug management was pursuant to a written agreement, and outside the ports, made it on the responsibility of the trailer organizer, because it is the proposed management, otherwise, the management of the trailer was pursuant to a written agreement, and the maritime regulator takes consideration to the public rules at the responsibility or the guarantee in general, and did not distinguish between the tort and contracting liability.

Based to what was mentioned.

The researcher analyzed the maritime tug contract and educed its definition, pillars and features, then he discussed the definition of arising responsibility of the maritime tug contract in a topic, and the responsible of arising damage at the maritime tug contract at another topic, after analysis and study, the researcher concluded the approach of the Saudi maritime organizer at the arising responsibility of maritime tug contract.