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The Basis of Carrier’s Liability: from Roman Law to the Rotterdam Rules
( Caslav Pejovic )
UCI I410-ECN-0102-2018-300-004206404

This paper addresses an issue that has been neglected in the theory of maritime law: the historic origin of the system of carrier’s liability in carriage by sea. The paper tries to reveals the historic background of the liability regime of the carrier by following development of this regime from Roman law through the Middle Ages, until the modern times. The paper also tries to uncover how the concept of seaworthiness was introduced in the system of carrier’s liability. The text also examines the modern legal regime of the carrier’s liability system, how was it influenced and to what extent it deviated from the historical roots. Finally, the text will attempt to draw lessons from historical development of the rules governing the carrier’s liability in order to provide a broader perspective of mechanisms of maritime law development. The paper may be of particular interest to the scholars who are interested in the history of maritime law, as well to those who have interest in comparative maritime law.

I. Introduction
II. Roman Law
III. Lex Mercatoria
IV. 19th. Century
V. Introducing Seaworthiness into the Carrier’s Liability System
VI. The Harter Act, 1893
VII. The Hague-Visby Rules, 1924/1968
VIII. The Hamburg Rules, 1978
IX. The Rotterdam Rules, 2008
X. International Conventions Compared
XI. Comparative Law Note
XII. Historic Lessons (Instead of Conclusion)
[자료제공 : 네이버학술정보]
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