التزامات الناقل في عقد النقل البري و نطاق سريانها

Abstract EN

When the transport contract is valid, it arranges obligations on each of its parties, namely the traveler on the one hand, and the carrier on the other, and since the contract of transportation of persons is like all contracts binding on two sides, it arranges effects that lie in the mutual obligations arising from the responsibility of both parties, the carrier and the traveler.

the Algerian legislator did not regulate the obligations of the carrier.

and the traveler is in an arranged and controlled manner in the commercial law, but we find it regulated in separate texts between the commercial law and law no.

90-35 related to security, safety, use and preservation in the exploitation of railway transport, as well as law no.

01-13 related to directing land transport-and if the carrier's obligation in the land transport contract that includes transporting the traveler and his luggage to the intended place at the date specified in the contract does not raise any problem with regard to its beginning and end, on the basis that every breach of this obligation is subject to compensation, especially in the case of delay, except that the obligation to ensure safety the passenger and determining his time range, by which the carrier's obligation to achieve a result is achieved, and it is of great importance.

if the traveler is injured during this period, he can fulfill this obligation, and therefore he is not charged with proving the carrier's fault, and it is sufficient for him to prove the harm he sustained, so that the responsibility of the carrier is realized, unless the latter is able to disposing of them by proving the foreign cause that led to the occurrence of the damage.