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The Basis of Carrier’s Liability: from Roman Law to the Rotterdam Rules
( Caslav Pejovic ) 고려대학교 법학연구원 2017 The Asian Business Lawyer Vol.20 No.-
This paper addresses an issue that has been neglected in the theory of maritime law: the historic origin of the system of carrier’s liability in carriage by sea. The paper tries to reveals the historic background of the liability regime of the carrier by following development of this regime from Roman law through the Middle Ages, until the modern times. The paper also tries to uncover how the concept of seaworthiness was introduced in the system of carrier’s liability. The text also examines the modern legal regime of the carrier’s liability system, how was it influenced and to what extent it deviated from the historical roots. Finally, the text will attempt to draw lessons from historical development of the rules governing the carrier’s liability in order to provide a broader perspective of mechanisms of maritime law development. The paper may be of particular interest to the scholars who are interested in the history of maritime law, as well to those who have interest in comparative maritime law.
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