CONTRACT OF CARRIAGE OF GOODS BY SEA FROM THE ASPECT OF ROMAN AND CONTEMPORARY LAW
CONTRACT OF CARRIAGE OF GOODS BY SEA FROM THE ASPECT OF ROMAN AND CONTEMPORARY LAW
Author(s): Aleksandar Arsić, Marija IgnjatovićSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, Canon Law / Church Law, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: carriage of goods by sea; general average; vis maior; Roman law; contemporary law
Summary/Abstract: Carriage of goods by sea is one of the oldest modes of transportation, which originated with the emergence of the first ancient civilizations. This mode of transportation has been maintained to the present day precisely because of the fact that it enabled, and it still does, the connection of highly developed economies with developing economies. This is supported by the numerous advantages that maritime navigation offered and that it offers even today. First of all, with little investment, transport of goods of different dimensions can be arranged (due to their dimensions, the only way to transport certain things is precisely by sea) to the farthest places. On the other hand, it is necessary to take into account that this mode of transportation is much slower than other available modes of transportation (air transport, road transport), not so much because of the ship’s performance, but because of the weather conditions that may occur on the open sea. That is why this type of transport of goods comes with the possibility of big losses, both for the crew and the items received for transport, which is why, since the earliest days, there has been a need for the introduction of certain legal rules that would regulate the issues of the occurrence and compensation of damages in case of general average during carriage of goods by sea. These rules created by the ancient peoples and supplemented and systematized in Roman law are accepted by contemporary law, hence the need for defining this issue both from the aspect of Roman and contemporary law.
Journal: IUS ROMANUM
- Issue Year: 2018
- Issue No: 2
- Page Range: 218-237
- Page Count: 20
- Language: English