ЕXERCITOR В РИМСКОТО ЧАСТНО ПРАВО
EXERCITOR

Summary/Abstract: The article deals with some problems and fragments of the significant Roman law regulations on the responsibility of entrepreneurs and carriers in maritime transport in ancient Rome. Generally it is assumed that in maritime trade, legal relations, arising slaves and subservents, are a form of direct commercial representation, governed by the preator's law and they engage the responsibility of the pater familias, respectively dominus. With actio exercitoria the strict norm of civil law that subservents may not occur valid contractual relationship is overcame. There is still a discussion about the stages of creating this legislation, and the protectiont of the interests of third parties with her. The article makes adjustments in the terminology used in relation to the status of exercitor and others, involved in maritime trade, according to Roman law. In Romance studies ship entrepreneur is generally called "exercitor". He may be an owner or a charterer of a ship "ad tempus vel in perpetuum" (D.14. 1. De exercitoria actione, 1. 15), which is used for shipping at their own expense and risk. As an exercitor all can operate- not only free people, but woment, slaves and even minors (with auctoritas tutoris). Magister navis is the person appointed by exercitor as the captain of the ship (slave subservient or free), which is rather manager and deals with everything, related to the maritime transport as a commercial activity: "Magistrum navis accipere debemus, cui totius navis cura mandata est ". The article presents the complex relationship between exercitor, gubernator navis and magister navis and the separation of the functions when it comes to trade and navigation activities.

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