آثار الإخلال بالالتزام بضمان سلامة الراكب في عقد النقل الجوي : دراسة مقارنة

Abstract EN

The commitment of the carrier to ensure the safety of the passenger by conveying it to the agreed place is intact and is one of the most important commitments of the air transport contract.

International conventions and internal legislation, including the Iraqi legislature, have not been obliged to ensure safety, but they have maintained the safety of the passenger during transport.

The carrier shall ensure the safety of the passenger regardless of the medium used in the transport or the return for transport.

The 1929 Warsaw and Montreal Conventions of 1999 and the domestic legislation of the comparator countries - Egypt, the United Arab Emirates, and Iraq - have arranged a commitment to the carrier that includes the proper delivery of the passenger to the destination.

This commitment to ensuring the safety of the passenger arises in the carrier's custody through the time it takes to carry out the contract.

The passenger is bound to board the airport and pass it to and from the aircraft.

The air to the safety of the passenger until reaching the destination at the agreed time.

The boarding begins from the moment the passenger leaves the waiting area For travelers from the airport buildings, enter the airport dish heading to the plane until it snaps into the combine, and continue during the period of the flight, and begin landing in return process since the start of the passenger to disembark from the plane, and crossed the airport dish, and even entering the awards where the audience resides The jurisprudence differed as to the nature of the commitment to ensure safety in the contract of air transport.

Some of them see it as a careful commitment in which the carrier is committed only to the required care, and some of them believe that it is more likely to be a result.

In the case of the commitment to achieve a result, And that the carrier was evaded and the carrier could evade responsibility only by provoking the foreign cause, and the legal legislation in comparison pointed out that the commitment to safety in air transport is a commitment to achieve a result.The liability of the contractual air carrier is based on the presumed error on the air carrier side and damage should be done to the passenger so that compensation can be claimed.

The air carrier is guilty of carrying out its commitment to ensuring the safety of the passenger if he fails to prove his fault, Warsaw to report the invalidity of the conditions of exemption from liability and the cancellation of the conditions of exemption from liability or mitigation of thelimit set in the air carrier agreements to the conditions laid down by the parties at the stage of conclusion of the contract, and the legislation required the air carrier to ensure liability in the contract Air transport which ensures all injuries to the passenger in order to obtain compensation without jeopardizing the risk of nonavailability of compensation by the offender (air carrier).

In order to get acquainted with the subject of the research, the study was divided into two chapters, in the first chapter, we discussed the concept of the commitment to ensure safety in the contract of air transport.

The second deals with the legal basis for the commitment to ensure the safety of the passenger In the contract of air transport and its legal nature, and dealt with in the second chapter the provisions of the commitment to ensure the safety of the passenger in the contract of air transport, and divided into two sections, we devoted the first to the effects of violation of the commitment to ensure the safety of the passenger in the contract of air transport, We have reached, at the end of our study, a number of conclusions and recommendations, including explicit provision for moral damages, in the Iraqi Transport Law.

The text shall be as follows: (The carrier shall be responsible for the physical and moral damage to the passenger during Implementation of the contract of carriage and nullifies any agreement that exempts the carrier in whole or in part from such liability), the distinction between the passenger line alone and the common fault of the absence of liability