TABULAE POMPEIANAE 13 И 34: ДВА ДОКУМЕНТА, ОТНАСЯЩИ СЕ ДО МОРСКИЯ ЗАЕМ
TABULAE POMPEIANAE 13 & 34: TWO DOCUMENTS IN CONNECTION OF MARITIME LOAN

Summary/Abstract: Despite the recently renewed interest towards the subject of the maritime loan in Roman law, there are still unclear details in connection to its origin and the structure of the contract – or more precisely to the question whether it was possible to add pecunia traiectitia cum poena (the primary penal stipulation) or the less frequently used pecunia traiectitia sine poena (a stipulation valid solely for the interest and only sometimes for the loan itself). This ambiguity comes from the lack of reliable sources, giving us information about this particular contract, the main ones being two texts from the Digestae and the Codex respectively (D. 22.2 and C. 4.33), as well as a single papyrus (PVindob. Gr. 19792) from 149 AD. This subject can be researched mainly through comparison with the Greek law and examination of its influence on Roman law, since the Greek model for the contract of loan was widely spread throughout the whole Mediterranean. However, while conducting such a research, one should also keep in mind the independent development of these two legal systems.

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