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- Title
LEGAL STATUS OF THE PARTIES TO MARINE VENTURES IN THE ANCIENT WORLD.
- Authors
Dukic, Zlatko
- Abstract
This work describes the historical and legal status of the individuals who participated in sailing ventures on rivers, lakes and the sea, which can befollowed in continuity since the oldest civilizations. The basic objective of these activities was to link various markets in order to export products and import inerchandise absent on a given local market. The oldest thus far preserved and known legal provisions that regulate such water-borne ventures and the ensuing relations were found in the Laws of Eshnunna and the Babylonian Code of 1-lammurabi. Also known are the legal tenets of oriental peoples which, via the ~haldeans, Egyptians and Phoenicians, made their way to the shores of the Mediterranean Sea. Thanks to this, the sequence of maritime codes used by the Mediterranean civilizations has been preserved to this day The role ofsailors changed over the course ofhistory and it did not particularly differ from the role of shipowners. In the codes which governed seafaring and the legal relations between participants in sailing ventures (from the Laws ofEshnunna through the Code ofHammurabi and the Rhodian Sea Law ofJettison to Roman law.), it is notable that navigation is managed exclusively by the shipowner (dominus navis) who is also the ships commander but also a merchant, for this individual exchanged goods. The question arises as to whether the actual owner of a vessel was capable of dealing with three different jobs. Roman law confirms that this was not all ideal solution, for already by that point a distinction was drawn between the shipmaster (magister navis) and the person who engaged in maritime activity, i.e. the shipowner (exercitor navis).
- Subjects
MEDITERRANEAN Sea; JOINT ventures; COMMERCIAL law; ANCIENT civilization; LEGAL status of sailors; EXPORT &; import trade of commercial products; SHIPOWNERS; ROMAN law
- Publication
Opuscula Archaeologica, 2011, Vol 35, p297
- ISSN
0473-0992
- Publication type
Article