General Average and Its Life in Baltic Sea in Middle Ages Cover Image

„Společná havárie“ a její středověký právní život v Baltském moři
General Average and Its Life in Baltic Sea in Middle Ages

Author(s): Vojtěch Vrba
Subject(s): Law, Constitution, Jurisprudence, Maritime Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: The German Hanse; general average; Lübeck municipal law; Hamburg municipal law; Rôles d’Oléron; maritime law

Summary/Abstract: The paper discusses development and fundamental elements of general average principle. While its origins are nowadays agreed upon being set thoroughly in ancient era of Roman law, there surely is a significant development of accesoric relations that were incorporated in the principle itself during middle ages. The work tries to point them out, through presentation of general average adopted in hanseatic cities between 9th and 16th centuries. Also, briefly are presented the principal legal sources from which the institute could have been taken up during its hypothetical journey from the Mediterranean to Baltic sea. This way the Nomos Rhodion Nautikos, Roles of Oleron, Vonnesse van Damme, and Visby’s Waterrecht are presented. The municipal laws of Lübeck and Hamburg are then analyzed. The main goal, however, is not to present a detailed analysis, but to somehow briefly show the basics of both general average and of the German Hanse to the Czech reader.

  • Issue Year: 48/2018
  • Issue No: 2
  • Page Range: 173-184
  • Page Count: 12
  • Language: Czech
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