Original scientific paper
MARITTIME AVERAGES IN DALMATIAN STATUTE LAW
Vilma Pezelj
Abstract
Marittime averages are all extraordinary damages on marittime properties during common marittime adventure. They can be particular or general average.
In most cases particular averages are collision and some sorts of cargo damages.
It is through general average that maritime law has adopted the classical legal postulate that nobody should make a profit from damage to the propertv of another without compensatin for it. Jettison (iactus mercium) had for centuries been the only recognised form of sacrifice in general average. Thus, the oldest written rale so far - Lex Rhodia de iactu (6th century) - expressly provided that the parties to a maritime adventure should compensate collectively for the value of jettisoned cargo.
Later on, richer forms of damages and expenses in general avarie could be found in statutes of some littoral town on the Mediterranean coasts and in the first collections of recognised maritime customs.
In the Middle Ages wide concept of general average become restricted.
In case of shipwrack, medieval marittime law accept roman principle of retention property law on submerged objeets.
Keywords
marittime averages; particular average; general average; collision; shipwrack; salvage; law history; maritime law; dalmatian statute law
Hrčak ID:
37803
URI
Publication date:
10.1.2006.
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