Roman or Greek? On the Origins of the Rhodian Law of Jettison
What where the origins of the Rhodian law of jettison? Did the Romans really adopt the law created on the Greek island? The first part of the article examines the origin and authenticity of available sources. The second part deals with the origin of the idea to regulate this issue. Consequently, it appears that lex Rhodia de iactu was a maritime trade custom that developed in the Greek cultural background. When the Romans started to participate in the Mediterranean maritime trade, they adopted and transformed the custom in such a way that it became compatible to Roman law. This is how the Greek idea of settling a loss, incurred in the common interest, became one of the contractual elements of locatio conductio. It proves the usefulness and flexibility of that contract as well as the reasonableness of Roman law, which was able to accept good solutions from laws of other nations.
 4_Rzymska czy grecka_.pdf | 440 kB |
