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General average, legal basis and applicable law
General average is considered to be one of the most uniformly regulated topics of maritime law. This study concludes that this perception is flawed. The invariably applicable York-Antwerp Rules do not provide a full regime, whereas their applicability is generally contractual only. As a result, questions arise as to which law applies to general average obligations, how the applicable national law is to be determined (taking into consideration the impact of the European Rome I and II Regulations), and what is provided in the national regimes. In addition, questions arise as to what the influence is of contractual provisions set out in contracts for the carriage of goods by sea and general average security forms, and how the various sources interact. This study contains an in depth assessment of these questions.
General Average and Risk Management in Medieval and Early Modern Maritime Business
This open access book explores the history of risk management in medieval and early modern European maritime business, focusing particularly on 'General Average' – a mechanism by which extraordinary expenses regarding ship or cargo, incurred during a voyage to save the venture, are shared between all participants to protect equity. This volume traces the history of this risk management tool from its origins in the pre-Roman Mediterranean through to its use in the shipping sector today. Contributions range from the Islamic Mediterranean to the Low Countries, and taken together, provide a wide-ranging analysis of social, cultural, and political aspects of pre-modern maritime commerce in Europe.
The Power and Pains of Polysemy: Maritime Trade, Averages, and Institutional Development in the Low Countries (15th–16th Centuries)
This book offers a study of so-called ‘Maritime Averages’, a variety of risk management instruments used in maritime trade, in the Low Countries, showing how Averages played a major role in the institutional development of the Low Countries.
Maritime Risk Management
Insurance is a legal, an actuarial and a financial product, and it is one out of many risk management strategies. It follows that its history can only be studied in the broader context of the development of such strategies, applying an interdisciplinary approach. The theme of the present volume is maritime risk management. After an overview over the history of insurance, the contributions to the present volume examine different maritime risk management strategies by adopting a variety of methodological approaches. Some contributions focus on normative provisions, others contrast practice with legal scholarship, or focus on the emergence of insurance companies as opposed to individual insurers. Again, other contributions give insights in marine insurance practice in specific cities or analyse insurance practice through the lens of specific insurance litigation. As to the time frame, the different contributions span from antiquity to the nineteenth century.
Duurzaam ondernemen
"De Koninklijke Vereeniging Handelsrecht heeft al meer dan honderd jaar tot doel om na te denken over passende wet- en regelgeving die, zoals in 1918 de originele statuten het formuleerden, recht doet ‘aan de eischen der tegenwoordige samenleving’. Die doelstelling brengt mee dat er steeds belangrijke en uiterst actuele onderwerpen en thema’s hun weg vinden naar de preadviezen van de Vereeniging. Anno 2021 zijn zulke uiterst actuele thema’s zonder enige twijfel de bevordering van duurzaam ondernemen en een duurzaam handelsverkeer, in het bijzonder een duurzaam transport. Duurzaamheid wordt veelal verbonden met drie specifieke aandachtspunten die zien op het effect van handelen op het...
General Average
The nature of general average -- The conditions for general average -- Qualifying losses -- Exceptiions to liability to contribute -- Effects of a general average act -- Adjustment -- Insurance contracts
Insurance in Elizabethan England
Examines the origins of English insurance, focusing on the first English insurance code and its proximity to continental mercantile practice.
Nomos Rhodon Nautikos. The Rhodian Sea-law
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Hidden Civil Law
Lawyers are taught to work with applicable law and to be familiar with the applicable law, they should ‘keep up to date with their literature’. Here, in two sentences, the reality and ways of working of lawyers throughout the past century. Past because, in contemporary times, applicable law can no longer be easily ‘recognised’. There is a knowing problem related to applicable law of European origin. This problem consists in two main questions: How are lawyers to know what applicable law is? And, if there is a presumption of ‘other’ applicable law when practising ‘national law’, where is it to be found? These questions must be posed in every case, every advice to be written as...
