The Maritime Law in the Commercial Code of France of 1807 Cover Image
  • Price 4.50 €

The Maritime Law in the Commercial Code of France of 1807
The Maritime Law in the Commercial Code of France of 1807

Author(s): Anna Klimaszewska
Subject(s): Law, Constitution, Jurisprudence
Published by: STS Science Centre Ltd
Keywords: The Commercial Code of France of 1807; maritime commercial law; contract of insurance; contract of bottomry; bill of lading; charter party; crew; master; sea ships.

Summary/Abstract: The authors of the Commercial Code of France of 1807 (Code de commerce) included rules from the field of the maritime law in the act as its book II (Of Maritime Commerce). As a result, the maritime law began to be viewed as a component of the commercial law, acquiring the doctrinal name of the maritime commercial law (droit commercial maritime). The strong influence which Code de commerce and its systematics exerted all over the world made a lot of countries treat the civil standards of the maritime law as part of the commercial law. This idea was not, however, commonly adopted, an example of which is the Anglo-Saxon and Scandinavian countries and Switzerland. But even in the countries where the maritime law was included in the regulations from within the commercial law, criticism of the representatives of the doctrine appeared. In consequence, the view on the maritime law as a separate whole began to emerge more and more, and the commercial maritime law stopped being an object of interest for the reformers of the commercial law. Nouveau Code de commerce of 2000 maintained this approach, too.

  • Issue Year: 3/2012
  • Issue No: 1
  • Page Range: 116-125
  • Page Count: 10
  • Language: English