Transport safety and security from the perspective of the French transport code

• Author: Adriana Elena Belu
• Position: PhD student at the Bucharest University of Economic Studies, Lawyer in Dolj Bar Association
• Pages: 54-62

Transport safety and security from the perspective

of the French transport code

Ph.D. student Adriana Elena BELU

1

Abstract

Given the very different forms and modalities, the modalities and conditions

that may be imposed by the passenger's access to the means of transport on th e one hand

and the variety of procedures that allow the passenger to buy the transport price on the

other hand the question is where it starts where the security obligation ends. Some time

ago, the Court of Cassation made a distinction between unsubsidized transports for the

advance purchase of a travel ticket and the other. For the first time, the case law considers

that the transport contract is born when the traveler enters the vehicle and the transport

safety obligation is born at that time.

Keywords: different forms and modalities, the modalities and cond itions that may be

imposed by the passenger's access to the means of transport , French transport code,

transport safety.

JEL Classification: K23, K33

1. Introduction

Due to the absence in French law of a legal provision in the matter

(specific text) on the liability of the passenger / passenger carrier, the Cassation

Court has built a legal regime since the beginning of the century

2

.

The requirement of safe driving of a traveler towards a safe and healthy

destination was first adopted for maritime transport

3

well before the extension of

its scope to land transport

4

.

By imposing a security duty on the carrier, the Court of Cassation also

recognized that its liability should, in principle, be sought in the area of contractual

liability, thereby violating the previous case-law, which in 1884 considered the

liability of the carrier for personal injury to travelers in the criminal field

5

.

1

Adriana Elena Belu - PhD student at the Bucharest University of Economic Studies, Lawyer in Dolj

Bar Association, adyelenabelu@yahoo.com.

2

Issabelle Bon-Garcin, Maurice Bernadet, Yves Reinhard, Dalloz, Droit des transports, Dalloz, Paris,

2010, p. 17; Ch. Paulin, Droit des transports, Litec, 2005, p. 10.

3

Reglem ent (CE) n° 2111/200, concernant l'etabli ssement d'une liste communautaire des trans-

porteurs aeriens qui font J'obj et d'une interdiction d'exploi tation dans la Communaut e et

l'information des passagers du transport aerien sur l'id entite du transporteur aerie n effectif,e

t

abrogeant J'article 9 de la directive 2004 / 36/ CE. Sur la question , v. infra, n° 752.

4

Civ, 27 janv., 1913, S 1913, concl. Sarrut; DP 1913, 1. 249.

5

Civ. 1' C, 10 nov. 1884 , S. 1885. 1. 129, note C. Lyon-Caen ; D. 1885. 1. 433, note L. Sarrut.