English and Continental Maritime Law: After 115 Years of Maritime Law Unification, a Search for Differences Between Common Law and Civil Law
Maklu, 2003 - 173 σελίδες
This volume is a collection of essays by English, Dutch and Belgian maritime law experts presented at an international seminar at the University of Antwerp. The purpose of the seminar was to discuss topics that have thus far eluded worldwide harmonisation of maritime law, an ambitious project that began in Antwerp in 1897 with the creation of the ComitÃ?Â(c) Maritime International (CMI). The papers cover areas where there is still a considerable degree of difference between the two principal legal systems in the world, namely Anglo-Saxon or common law on the one hand and continental law on the other. Topics under discussion include maritime law practice, statutory rights of action in carriage of goods, the action in rem, common carriers, bailment and carriage by sea, legislative techniques in international trade, bills of lading and sea waybills, charter parties and marine insurance. Finally, the president of the CMI provides an overall perspective.
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action in rem Admiralty law affidavit Antwerp apply bailee bailment barratry Belgian Belgian law bill of lading cargo Cass charter party Civil Code civil law systems claim clause COGSA commercial common carrier common law concept continental contract law contract of carriage damage Debattista decision doctrine document of title Droit Dutch law duty English courts English law European foreign law Hague Rules Hague-Visby Rules harmonisation Insurance Act 1906 interpretation judges jurisdiction law countries law of obligations lawyers LENAERTS letter of credit liability Lloyd’s Rep Lord Marine Insurance Act Marine Insurance Law maritime law maritime lien non-order bill obligation opinion owner perils person personam Practice Direction supplementing principle privity of contract proceedings provisions question reason reference regard relevant risks sea carrier sea waybill ship shipowner similar document specific statute statutory rule stevedore third party tion tort transport document utmost good faith Visby warranties Wilhelmsen