Afacerea Erika: Şi dacă victimele s-ar fi adresat jurisdicţiilor civile?
Erika Business: If the victims had been appealed to the civil jurisdictions?
Author(s): Pierre BonassiesSubject(s): Criminal Law, Civil Law, International Law, Maritime Law
Published by: Universul Juridic
Keywords: french law; legal proceedings; victim; International Convention on the Law of the Sea;
Summary/Abstract: Under French law, the victim of a maritime pollution sue either before the competent criminal court (such a process is coupled with the state), or before a civil court. For Erika, all victims have chosen the criminal. Their actions against many objections were raised because of the various provisions of the International Convention on the Law of the Sea. If elected civil way could not raise any of these objections, because Article 229 of the Convention provides that „nothing in this Convention affects the institution of legal proceedings” while the civil victims were motivated by easily Articles 1382 and 1384 of the French Civil Code provisions that are favorable to the victim.
Journal: Revista de drept maritim
- Issue Year: 2014
- Issue No: 01
- Page Range: 62-65
- Page Count: 4
- Language: Romanian
- Content File-PDF