Overview

This is a comparative study dealing with the maritime practices which prevailed in the Byzantine and Islamic worlds around the Mediterranean from 7-10 centuries C.E. and consists of seven chapters. The first chapter describes the physical and legal significance of the ship, computation of capacity, and the importance of naming commercial vessels. Chapter Two examines issues of ownership and possession of a vessel, the employment conditions of the crew, and the passengers’ status on board ship. Carriage of cargo by sea and forms of contracts, liability of the lessor, shipping fees, and breach of contract are covered in Chapter Three. Jettison, average, and contribution are treated in Chapter Four. Chapter Five treats the laws of collision and the rules governing the salvage of jetsam, are surveyed in Chapter Six. The final chapter explains the legal differences between Byzantine and Islamic mercantile law and outlines the principles of the sea loan, chreokoinonia, and qirad.

Full Product Details

Author:   Hassan Khalilieh
Publisher:   Brill
Imprint:   Brill
Volume:   64
Dimensions:   Width: 15.50cm , Height: 2.80cm , Length: 23.50cm
Weight:   0.763kg
ISBN:  

9789004152533

ISBN 10:   9004152539
Pages:   400
Publication Date:   11 August 2006
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Awaiting stock  
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Table of Contents

Preface xi Glossary of non-English Terms xv Introduction Mediterranean Admiralty and Maritime Laws in Historical Perspective 1 Legislative Sources of Byzantine Sea-Laws 8 The Mediterranean between the Domination of Byzantium and of Islam 13 Islamic Admiralty and Maritime Laws and Practices 18 Purposes and Methodology of the Study 23 Chapter One: Physical and Legal Significance of Vessel Definition of a Ship 27 Capacity and Overloading Regulations 31 Names 40 Summary 43 Chapter Two: The Vessel's Human Complement Ownership 45 Joint Ownership 54 Seamen: Their Employment, Welfare, and Status 56 1. Definition of a Seaman 56 2. Service Contract 57 3. Forms of Employment 59 4. Wages 60 5. Accommodation and Welfare 66 6. Misbehavior 67 7. Duty in Times of Peril 72 8. Termination of Service 73 Passengers: Entitlements and Obligations 74 1. Definition of a Passenger 74 2. Diet and Accommodation 75 3. Boarding 78 4. The Carrier's Liability for the Passengers' Belongings 79 5. Discipline 80 6. Religious Rituals 80 7. Funeral Practices at Sea 81 8. Contribution to Salvage 82 Summary 82 Chapter Three: Carriage of Goods General 85 The Contract: Written or Oral? 85 Types and Formation of Contracts of Affreightment 87 1. Contract of Carriage in a Particular Ship 87 2. Contract of Carriage with a Common Carrier 93 Bills of Lading 95 Carrier's Liability for Partial Damage and Total Loss 99 Payment of Freight Charges 106 Factors Affecting Freightage 111 I. Loading Berth 112 1. Loading and Disposition of Cargo in the Ship 112 2. Delay 115 3. Dereliction 118 4. Detention 119 5. Weather Conditions 121 6. Human Perils 122 7. Seaworthiness of Vessel 124 II. En Route 124 1. Calculation of Freight 125 2. Weather Conditions 126 3. Human Perils 128 4. Deviation 132 5. Seaworthiness of Vessel 133 6. Cargo Damage 135 7. Transshipping 138 III. Destination 139 Cancellation of Contract 142 Summary 147 Chapter Four: Jettison, General Average, and Contribution General 150 Rules of Jettison 151 Commercial Commodities and Personal Effects 157 Assessment of General Average 159 Freight Charges 163 Valuation of the Ship for Contribution 165 Human Jettison and Contribution for Lives 172 Choice of Forum and Evidentiary Issues 178 1. Oral Deposition 180 2. Written Evidence 185 3. Physical Examination of the Ship 191 Summary 191 Chapter Five: Collision General 195 Navigational Misconduct 195 Inevitable Collision 201 Intentional Collision 202 Summary 203 Chapter Six: Salvage, Salvors, and Shippers General 205 Life Salvage 205 Property Subject to Salvage 207 Salvors and the Salvage Awards 208 Formalities and Legal Procedures 215 International Treaties 218 Salvaged Properties and Freight Charges 220 Summary 222 Chapter Seven: Commercial Law General 224 The Sea Loan 224 Byzantine Chreokoinonia and Islamic Qira /Mu araba (Commenda) 231 Summary 246 Conclusions 248 Appendices Appendix One Nomos Rhodion Nautikos 259 Part II 259 Part III 260 Appendix Two Kitab Akriyat al-Sufun wal-Niza' bayna Ahliha (Treatise Concerning the Leasing of Ships and the Claims between (Contracting) Parties) 273 Hiring Seamen for Ships 274 Hire of Ships 278 Obstacles to Execution of the Concluded Contract of Affreightment 284 Destruction of the Ship and/or Cargo 293 Goods Jettisoned Overboard into the Sea 299 Liability or otherwise of Ship Owners for what They Carry 311 Loading the Ship with Foodstuffs and/or other Goods 319 A Ship Owned by Two Partners 321 Profit-Sharing between a Ship Owner and a Person who Operates his Ship 322 [Attachment: Six Jurisprudential Questions (Masa il )] 327 Bibliography 331 A Short Biography of Early Muslim Jurists cited in the Kitab Akriyat al-Sufun 357 Index of Cited Statutes from Roman and Byzantine Legal Codices 359 General Index 365

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Author Information

Hassan S. Khalilieh, Ph.D. (1995) in Near Eastern Studies, Princeton University, is a lecturer in the Department of Maritime Civilizations at the University of Haifa, and the author of Islamic Maritime Law: An Introduction (Brill, 1998).

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