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https://ptsldigital.ukm.my/jspui/handle/123456789/515582| Title: | Obligation to ensure passenger safety in land transportation : a study of United Arab Emirates law |
| Authors: | Mohaimen Ismael Kadhum (P82134) |
| Supervisor: | Kamal Halili Hassan, Prof. Dr. |
| Keywords: | Transportation and state -- United Arab Emirates Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia |
| Issue Date: | 1-Feb-2020 |
| Description: | Transportation studies are of immense importance and must never be ignored. Transportation, particularly the transport of persons, is the backbone of national economies. Advances in transportation are a measure of national development. Within legal and judicial circles, the transport of persons by land has generated intense debates. This thesis investigates the liability of the land transporter of persons under the United Arab Emirates (UAE) law, particularly the Commercial Transactions Act, which dedicates a special section to land transportation. The investigation covers such issues as the definition of land transportation, its characteristics, as well as whether the transport of persons constitutes a contract and if so, the core elements of such a contract. Other issues examined include the obligation to ensure passenger safety, the consequences of this obligation, whose responsibility it is and at what stage it arises and ends in the transportation process. The thesis also dwells on the legal basis of the land transporter's liability towards passengers, the nature of such liability and the situations in which a transporter may be exempted from liability. In addressing these issues, the thesis adopts a qualitative research methodology, involving the analysis of literature from primary and secondary sources, including laws, judicial decisions, textbooks, articles, government publications and online databases. The study compares UAE regulations with preexisting Iraqi and Egyptian laws on land transportation to support the thesis that the current UAE law is inadequate to provide needed protection for passengers. The UAE legislator has not dealt adequately with the above issues, barring the token attention given to them in a few provisions under the Commercial Transactions Act. The law lacks clear-cut provisions delineating the liability of the land transporter of persons and it is concluded that there is an urgent need to address this shortcoming. Instead of relying on the general provisions of the Commercial Transactions Act, a special law devoted specifically to land transportation should be adopted similar to what already exists in the air and marine sectors in the UAE. In implementing the desired reforms, the UAE legislator could seek guidance from corresponding Iraqi and Egyptian laws on land transportation. These findings and suggestions are significant because they provide a useful pathway for the UAE legislator to overcome the problems identified and develop a suitable legal framework for land transportation. This should enhance passenger safety and provide legal certainty for all parties concerned.,Certification of Doctoral Thesis" is not available. |
| Pages: | 207 |
| Call Number: | C85.MOH 2020 2 tesis |
| Publisher: | UKM, Bangi |
| Appears in Collections: | Faculty of Law / Fakulti Undang-undang |
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| ukmvital_122830+Source01+Source010.PDF Restricted Access | 899.56 kB | Adobe PDF |  View/Open |
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