مسؤولية الناقل الجوي المدنية وفقاً لاتفاقية مونتريال 1999م : دراسـة مقارنـة

The research aimed to establish the importance of knowing the civil liability of the air carrier in accordance with the Montreal Convention of 1999 AD, and to clarify and clarify the responsibility of the air carrier in accordance with the Montreal Convention of 1999 AD working to protect the other party "the customer", and to identify the most important international legal concepts about the responsibility of the air carrier in international legislation and international agreements And national laws, and by identifying the concept of air transport and the legal nature of this type of transport to know the legal problems associated with the responsibility of the international air carrier in the contract of transporting people and goods, delays and the occurrence of damage in accordance with national laws and international laws and conventions, I followed the comparative inductive analytical method in the research,I used legal references, university and legal theses, and the Internet as research tools. And he reached the most important results: New opinions emerged in determining the basis of the responsibility of the air carrier, whether it is a contractual or tortuous responsibility, and accordingly the opinions of the countries in determining this responsibility fluctuated, and the description of the error regarding the delay depends on the distinction between two assumptions: to its deadlines, and every delay beyond the specified date is considered an error that entails the responsibility of the carrier. The researcher also recommends that the responsibility of the air carrier be a contractual one because it is related to the air transport contract concluded between the carrier and the users of the aircraft also an annual conference must be held that brings together the countries participating in international agreements to review the limits of compensation so that it becomes profitable in the event of the deterioration of the economic situation, the decline of the currency and the erosion of its purchasing power. The responsibility of the air carrier, its scope and dimensions are clear and it unifies the provisions of air transportation instead of distributing these provisions between the Civil Aviation Law and the Transportation Law in general. The air carrier must be obligated to secure flights for transporting people, goods and baggage in order to ensure that they receive full compensation