Liability Arising From Failure To Provide Assistance And Marine Rescue A Comparative Study

Abstract

Maritime legislation obligated the captains of ships to extend a helping hand to those who need it at sea in specific cases, and thus the refusal of the captains to provide marine assistance in those cases is a violation of these legislations, because by their reluctance they have taken a negative position at a time when the law requires them to take positive action. Intervention to prevent harmful results that the law seeks to remedy. Accordingly, the importance of the obligation to provide assistance and maritime rescue prompted the maritime legislation to make refraining from providing this assistance a criminal offense punishable by law, in order to destroy the selfishness, self-love and indifference of ship captains. Therefore, the skipper's refusal to provide assistance and marine rescue entails criminal liability, but the matter does not stop at this point only, but his civil liability is raised in addition to that, so that every person who has suffered damage as a result of the captain's failure to provide marine assistance can file a civil lawsuit To claim compensation for the damages incurred by him, and this lawsuit is not only filed against the captain, but it can also be filed against the ship’s operator as a subordinate questioning about the actions of his subordinate.