Rhodian law as a prototype of the claim for damage suffered in another person's interest in Polish civil law

Beata Kowalczyk

Abstract

The doctrine of Rhodian /law of jettison has a long history in Roman law and has been inherited in numerous legal systems of today. During the preclasical period of Roman law, Rhodian law was incorporated in Roman legal system, and probably it was implied in all contracts of carrying goods by the sea. Rhodian law was also a prototype of a claim for damage suffered in another person's interests in Polish civil law. The Autor presents the origin of general average, the reasons of the introduction of this regulation, as well as its function in Roman law and Polish civil law. The article explores the premises of the regulation and provides its comparative analysis. Art. 438 of the Polish Civil Code of 1964 is rarely used in practice due to many competing actions that can be taken by suffered persons.From the point of view of the purpose of this regulation, the most important is to encourage third parties to intervene in the interests of others, which is desirable preventive behavior that can be recognized as quasi-preventive remedy and is necessary in today's society.
Author Beata Kowalczyk (FLA / ZPRz)
Beata Kowalczyk,,
- Zakład Prawa Rzymskiego
Journal seriesGdańskie Studia Prawnicze, [Gdansk Law Review], ISSN 1734-5669, e-ISSN , (N/A 20 pkt)
Issue year2019
No3
Pages203-215
Publication size in sheets0.6
Keywords in PolishUstawa rodyjska, awaria wspólna, szkoda w cudzym interesie, polskie prawo cywilne, prawo rzymskie, recepcja, quasi prewencja, art. 438 Kodeksu cywilnego
Keywords in EnglishRhodian Law, general average, reception, damage suffered in another person's interest, Polish civil law, Roman law, quasi-preventive remedy, art. 438 Polish Civil Code
DOIDOI:10.26881/gsp.2019.3.16
Languageen angielski
Score (nominal)20
Score sourcejournalList
ScoreMinisterial score = 20.0, 28-01-2020, ArticleFromJournal
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