الطبيعة القانونية للنقل بواسطة التطبيقات الذكية – دراسة مقارنة

Abstract

Property rights have prevailed over all past times, allowing those property rights to dispose of their property independently, but with the great technological development that we are experiencing at the present time and the emergence of the term cooperative participatory economy that allows others to benefit from property assets in exchange for a financial reward. One of the most prominent manifestations of this type is what Transport is known through smart applications, which are very popular at the present time. This is what prompts us to search to know the nature of that contract, to know the theories that can explain to us that legal nature by highlighting the extent to which the driver can be considered a worker for the operator of those applications where he is The carrier in the legal sense, but it has a special nature imposed by the method of concluding that contract that is made by electronic means and ending with the inclusion of a number of findings and recommendations that I reached, the most prominent of which is considering the smart application operator as the carrier in the legal sense, and not as it is listed by that operator in considering the driver as the one who bears full responsibility for potential damages, as well as diagnosing the legislative deficiency in regulating This type of contract .