Papers by Daphne (Dafni) / Δάφνη Penna / Πέννα
Springer eBooks, 2023
The present essay focuses on the Byzantine sources on General Average and is a contribution on th... more The present essay focuses on the Byzantine sources on General Average and is a contribution on the evolution of the laws of General Average (GA). The GA principle has its roots in very ancient times. In Justinian's Digest (sixth century AD) we find fragments of Roman jurists discussing Average rules from the so-called Rhodian law of jettison (lex Rhodia de iactu). There is also a later text, a Byzantine collection of maritime law provisions, compiled in the seventh or eighth century, the Nóμoς Poδίων Nαυτ ικ óς, which is known under the name Rhodian Sea-Law, and includes GA rules. The aim of this paper is to examine the GA rules in the Digest and in the Byzantine collection Rhodian Sea-Law and their transmission in the Basilica, which were promulgated around 900 AD and are considered the last important extensive Byzantine legislation. Short references will also be made to the development of GA rules after the Basilica.
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Papers by Daphne (Dafni) / Δάφνη Penna / Πέννα