By Hassan Salih Khalilieh
It is a comparative research facing the maritime practices which prevailed within the Byzantine and Islamic worlds round the Mediterranean from 7-10 centuries C.E. and involves seven chapters. the 1st bankruptcy describes the actual and felony importance of the send, computation of capability, and the significance of naming advertisement vessels. bankruptcy examines problems with possession and ownership of a vessel, the employment stipulations of the group, and the passengers’ prestige on board send. Carriage of shipment via sea and varieties of contracts, legal responsibility of the lessor, transport charges, and breach of agreement are lined in bankruptcy 3. Jettison, regular, and contribution are handled in bankruptcy 4. bankruptcy 5 treats the legislation of collision and the principles governing the salvage of jetsam, are surveyed in bankruptcy Six. the ultimate bankruptcy explains the criminal variations among Byzantine and Islamic mercantile legislation and descriptions the foundations of the ocean personal loan, chreokoinonia, and qirad.
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Extra info for Admiralty and Maritime Laws in the Mediterranean Sea (ca. 800-1050): The Kitaab Akriyat al-Sufun vis-a-vis the Nomos Rhodion Nautikos
See Thomas C. Sandars, The Institutes of Justinian (Westport, Connecticut: Greenwood Press, 1970), xxx. 8 introduction that these kingdoms were subdued. 24 Legislative Sources of Byzantine Sea-Laws Shortly after Justinian I became sole emperor on August 1st, 527, he conceived his plan of a new collection of imperial constitutions. ”25 He made this statement when he realized that Roman law was in chaos and that a strong empire could not be built without organizing the legal system. To codify the Roman law, the Emperor commissioned Tribonian26 in 529 to collect and publish 24 Percy T.
63 The Corpus Juris Civilis treats maritime cases and presents legal opinions of Roman lawyers in various parts of this collection and under diﬀerent topics. The vast majority of maritime issues are dealt with in Digest IV, Digest V, Digest IX, Digest XIII, Digest XIV, Digest XIX, Digest XXI, Digest XXII, Digest XLI, Digest XLIV, Digest XLV, Digest XLVII and Digest L. 64 It was Asad Ibn al-Furàt, the famous Aghlabìd ﬂeet commander who landed on Sicily in 212/827, who drew up this digest, which consisted of questions proposed by him to Ibn al-Qàsim with their solutions by the latter.
Campoy, “Fuentes jurΩdicas,” in AlAndalus y el mediterráneo (Barcelona, 1995), 289–297. Moreover, the treatise was cited by Olivia R. Constable, “The Problem of Jettison in Medieval Mediterranean Maritime Law,” Journal of Medieval History 20 (1994), 207–220; Deborah R. D. , University of London, 1988), 26–29; Letsios, “Sea Trade,” 209–225. E. is a brother and disciple of the famous Màlikì jurist Ya˙yà Ibn 'Umar, whose family came originally from al-Óà"in ( Jaén). He was a jurist of the third †abaqa, joined Ibn'Abdùs and other famous jurists while in Qayrawàn.