Remorcajul în jurisprudenţa Curţii de Casaţie a Republicii Franceze
The towage of a ship in the case law of the Court of Cassation of the French Republic

Summary/Abstract: On March 26th, 1999, the harbor towage contract receives honors from the plenary Court of Cassation, after 30 years of the promulgation of the 1969 law, interpreted the provisions governing the very old institution. The Court of Cassation has made freedom of contract to prevails over the legislative provisions governing the respective responsibilities of the issue which the towing and towed: enshrining the existence of autonomy of will in these special legislative provisions that make maritime law in this particular contract, which contract harbor towage. This is an opportunity to revisit the provisions on freedom of contract and common law obligations.

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