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.

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