Prof. Farouk Ibrahim Jassim
Professor of Commercial Law
College of Law, Al- Mustansiriyah University
Baghdad, Iraq

Abstract:

This research paper deals with the study of the responsibility of the air operator or investor for the damage caused by his airplane, or airplanes, to people; or funds on the surface resulting from its crash, or the fall of things from it, which was taken from what is known as the theory of objective or absolute liability as a basis for holding the said operator or investor accountable for those damages. His liability is established – according to the source – as soon as the damage occurred, and without the need to prove his fault or negligence, since international agreements that regulate the liability of the air operator or operator have established this trend.
In order to clarify the basic idea of the research, it has been divided into two sections, the first of which is devoted to examining the concept of the air operator as defined by the international conventions that regulate this responsibility, and then referring to the damages that the said operator is responsible for, while the second section is devoted to examining the historical circumstances that preceded the adoption of the Rome Convention of 1933, which adopted the theory of objective or absolute liability of the air operator, then referring to the considerations that called the drafters of this agreement to adopt it, followed by a statement of the position of the Rome Conventions of 1952 and the Montreal Convention of 2009 on the theory of objective or absolute responsibility taken by the Rome Convention of 1933 as the basis for the liability of the air operator or investor for the aforementioned damages.

Keywords: air transport, plane crash, air navigation damage, Rome Convention of 1933, Montreal Convention of 2009.

Read Full PDF Text (Arabic)