ЕВОЛУТИВНИ РАЗВОЈ БРОДАРЕВЕ ОДГОВОРНОСТИ У РИМСКОМ ПРАВУ

Abstract

The liability of the shipper in Roman law begins to be discussed with the development of maritime trade and following legal regulations. The development of navigation with the Romans came after the conquest of Carthage (146 BC), and this development lasted until the passing of Justinian’s compilation (527 BC). In this long period of time, the issue of the shipper’s liability did not always have the same legal treatment. Namely, bearing in mind all the social and economic circumstances in which maritime navigation has developed, the shipper’s liability was based on different legal principles. Thus, during the late republic, it represented a deviation from the principle of alteri stipulari nemo potest; in the classical period, it was based on the exclusive voluntas of the shipper, which was reflected in the appointment of the captain of the ship, while in the post-classical period of the development of the Roman law, this type of responsibility was based on the principles of safety and protection of the interests of passengers and goods in maritime transport, which is understandable given the social circumstances of this period (uncertainty of navigation by sea due to the recurrence of pirates). For this reason, this issue will be addressed through appropriate time frames (the late republican period, classical and post-classical law), so the creation and development of the institute of the shipper's liability would be easy to monitor and understand.