LIABILITY OF THE SHIP OWNER FOR LEGAL AFFAIRS OF THIRD PARTIES
LIABILITY OF THE SHIP OWNER FOR LEGAL AFFAIRS OF THIRD PARTIES
Author(s): Sara MiticSubject(s): Law, Constitution, Jurisprudence, History of Law, International Law, Maritime Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Roman maritime law; shipowner' s liability
Summary/Abstract: The liability of the ship owner in general had not been the same through the different periods of development of the Roman state. In order to talk about maritime law, and, hence, the obligations of the ship owner, the Roman state had to travel the road from a small community to an empire that covered the entire Apennine Peninsula, and after the victory over Carthage, the entire Mediterranean as well. The geographical expansion of the state and the development of maritime trade imposed the need to introduce legal rules that would regulate the relations arising in maritime law. The liability of the ship owner in Roman law went from the principle of alteri stipulari nemo potest and its deviation, through voluntas exercitoris to the safety of navigation and the protection of the interests of passengers. The liability of the ship owner thus determined and defined lies in the foundation of modern law.
Journal: IUS ROMANUM
- Issue Year: 2021
- Issue No: 2
- Page Range: 353-362
- Page Count: 10
- Language: English