engleski

On reception of Greek maritime norms, or how to find a perfect place for foreign principle in Roman legal system

The aim of the following contribution is to analyze the circumstances and challenges that lied ahead Roman jurists during the process of integrating foreign legal principles into the structure of Roman legal system. Beside the well-known assimilation of Greek philosophy, legal thinking and customs into the distinctive layers of Roman legal culture throughout different time periods and with varying intensity, the Romans took over maritime institutes which due to the economic significance of long-distance maritime trade, formed integral part of the ancient lex mercatoria. Especially on examples of Rhodian principle (lex Rhodia de iactu), recognized in modern maritime law as the principle of general average, as well as maritime loan (fenus nauticum, dáneion nautikón), we can see that there was no straightforward reception or transposition of foreign customs into Roman law. Although Romans participated in Mediterranean commercial practices and acknowledged the idea of a community of risk emanating from the principle of aequitas, they were very flexible in making adjustments which were necessary to suit the specific situation and integrate new mismatched legal institutions as traditional existing types of contracts, namely locatio conductio operis and mutuum. By focusing on the institutes of lex Rhodia and maritime loan, which were adapted and altered to meet intensive development of Rome's maritime economy and the enhancements of trade and relations between Rome and neighbouring nations, this paper aims to elucidate the phenomenon of reception of foreign legal rules through insufficient technical integration and camouflage of commercial customs into the existing architecture of Roman law.

reception; foreign principle; legal source; lex Rhodia

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