MARITIME JURISDICTION IN THE MEDIEVAL DALMATIAN COMMUNES Cover Image

POMORSKO SUDOVANJE U SREDNJOVJEKOVNIM DALMATINSKIM KOMUNAMA
MARITIME JURISDICTION IN THE MEDIEVAL DALMATIAN COMMUNES

Author(s): Mirela Šarac, Vilma Pezelj, Andrija Crnković
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Maritime Law, Roman law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Dalmatian medieval maritime law; maritime jurisdiction; Dubrovnik; Zadar; arbitration;

Summary/Abstract: Although seafaring was of crucial importance in the medieval Dalmatian communes, special maritime courts existed only in Dubrovnik, for a very short period in the 16th century, and in Zadar from the 13th to the mid-15th century. Jurisdiction over maritime disputes was strictly centralized and in Dubrovnik was entrusted to the ordinary civil courts, where the ruling aristocracy had a decisive influence. In addition, certain maritime disputes were decided by arbitrators, taking into account maritime customs and the principle of conscientiousness and honesty. The article analyzes in more detail the state authorities that were responsible for resolving maritime disputes, as well as the arbitration procedure that largely replaced the lack of special maritime courts.