The Influence of Rhodian Law on the Origin of the Actio Exercitoria
The Influence of Rhodian Law on the Origin of the Actio Exercitoria

Author(s): Mirjana Miškić
Subject(s): Roman law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Actiones adiecticiae qualitatis; Actio exercitoria; Lex Rhodia de iactu; Legal transplants; Joined liability;
Summary/Abstract: The actio exercitoria formally becomes part of Roman law by an edict of the praetor. However, the question arises as the whether it is an autochthonous Roman institute or whether the inspiration for its emergence was found in Greek maritime law. The author will try to give a possible answer to this controversial question by clarifying the mutual connection and relations between those two institutes are gently suggested in literature, through various ideas of Romanists. By questioning various theories, the author will try to answer whether actio exercitoria was exclusively of Roman origin.

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