SHIP (NAVIS) AS LOCUS PRAEPOSITIONIS
SHIP (NAVIS) AS LOCUS PRAEPOSITIONIS

Summary/Abstract: Roman maritime navigation and the consequent application of actio exercitoria is conditioned by the ship as the object of the aforementioned relations. Namely, in contrast to other actions adiecticiae qualitatis that form the legal framework of land trade, the actio exercitoria is the only one related to overseas trade that is carried out on a ship or in the immediate vicinity of a ship. Taking into account this specificity, a number of questions inevitably arise: whether the ownership of the ship is important for the enforcement of the actio exercitoria, whether the ship is considered the place of conclusion of the contract, and the question of the jurisdiction of the court for possible disputes, as well as who is responsible for the damage that was caused on board. The author will try to answer a series of questions by elaborating on the importance of the ship as a locus praepositionis for the application of actio exercitoria. In this effort, the author will refer to the consideration of the concepts of ship and sea that prof. Ante Romac wrote in the paper „The Concept of Sea and Ship in the Sources of Roman Law”, published in the Proceedings of the Faculty of Law in Zagreb in 1976.

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