مسؤولية الناقل الجوي عن الأضرار التى تصيب الركاب والبضائع المنقولة جواً على الصعيدين الدولي والداخلي

Abstract

Facility of air transport is became one of the most means of transport in a recent time. This facility raised the most important issue in legally side mainly the responsibility of the air carrier. So each state’s gives all efforts to regulate the liability of air carrier. So i choose this topic of a great importance in practical life, and I divided it to three chapters, in addition to the introductory chapter. First: the introductory chapter, I preferred to divide into two sections. The first section: I talked about what is the law of air. The second section: I deal with the nature or definition of air transportation contract. Secondly: first chapter: the responsibility of air law. I divided it into two sections:- First section: I talked about the historical development of the air carrier’s liability. The second section: I deal with the cases of liability under the three requirements of (people, cargo, and responsibility of delay). Third: the second chapter. The provisions of compensation damages. I divided it into two sections:- The first section: talks about the methods of object responsibility. The second section: the provision of compensation damages. Fourth: chapter three: the claim of responsibility of damage. I saw to deal with it in two sections:- The first section I deal with judicial jurisdiction. The second section I deal with the objections which rose before the court, and concluded with comparison between the Warsaw convention 1929 and Montreal خ convention 1999, and reached the results and cons. I lost it in conclusion and concluded my study by the following recommendations:- First: at the national level 1. Delete the text on the Montreal convention 1999 article 4 sub-section 1 of the Sudan civil aviation act 1999. Also deleted it from the list of the terms of the air transport 1999 article 5 sub- section b 2. Ambulance to issue a list to explain that, the Sudan has signed the convention but not ratified, in order to resolve the dispute concerning the applicability or not? 3. To highlight the interest to this section of the law by teaching it in the universities and the establishment of special training course of workers in this regard. 4. Or expedite the ratification of the convention in order to get the benefits of it is advantages for the protection of two parties. Secondly: within the framework of the Montreal convention:- 1. Regulated in detail the responsibility of the insurance carrier. 2. Applying the fifth case of the non-specific cases of liability which was featured in the Warsaw convention 1929, which strongly obliged the carrier to issue the transportation documents and fulfill all the necessary information of its assessment. 3. Closure of the report which may compensation for psychological damage text explicitly.