Maritime Law - Law Dictionary Search Results
Home Dictionary Name: maritime lawMaritime law
Maritime law, the law relating to harbours, ships, and seamen. An important branch of the commercial law of maritime nations; divided into a variety of departments, such as those about harbours, property of ships, duties and rights of masters and seamen, contracts of affreightment, average salvage, etc. No system or code of maritime law has ever been issued by authority in Great Britain. The laws and practices that now obtain amongst us have been founded on the practice of merchants, the principles of the Civil Law, the laws of Oleron and Wisby the works of juris-consults, the judicial decisions of our own and foreign countries, etc. though still susceptible of amendment, our system corresponds more nearly than any other system of maritime law with those universally recognised principles of justice and general convenience on which merchants and navigators should act.The decisions of Lord Mansfield did much to fix the principles and to improve and perfect the maritime law of England. It...
maritime law
maritime law : law that relates to commerce and navigation on the high seas and other navigable waters and that is administered by the admiralty courts NOTE: Article III of the U.S. Constitution confers the power to hear cases of maritime law on the federal courts. ...
Maritime lien
Maritime lien, is well defined to mean a claim or privilege upon a thing to be carried into effect by legal process, that process to be a proceeding in rem ...... This claim or privilege travels with the thing into whosoever possession it may come. It is inchoate from the moment the claim or privilege attaches, and when carried into effect by legal process by a proceeding in rem, relates back to the period when it first attached, Bold Buccbugh, The (1852) 7 Moo PCC 267: (1843-60) All ER Rep 125.A maritime lien is a claim which attaches to the res i.e., the ship, freight, or cargo. It may arise ex delicto, e.g., compensation for damage by collision, or ex contractu, for services rendered to the res; but it is strictly confined to services such as salvage, supply of necessaries to the ship, and seamen's wages, and the courts show no tendency to extend the privilege (see The Ripon City, 1897, P. 226). Thus for ordinary work done upon a ship, such as repairs, there will be no maritime lien...
Salvage
Salvage, allowance or compensation made by maritime law to those by whose exertions ships or goods have been saved from the dangers of the seas, fire, pirates, or enemies.This was allowed by the laws of Rhodes, Oleron, and Wisby, and is also allowed by all modern maritime states; the person who saves goods from loss or imminent peril has a lien upon them, and may retain them till payment of salvage. In this, however, the maritime law differs from the Common Law. No doctrine similar to 'salvage' applies to things lost upon land, nor to anything except ships or goods in peril at sea, Falcke v. Scottish Imperial Insurance Co., (1886) 34 Ch D 248, per Bowen, L.J.If the salvage be performed at sea, or on land (Judic. Act, 1925, s. 22), the Court of Admiralty has jurisdiction, and fixes the sum to be paid, adjusts the proportions, and takes care of the property pending the suit; or, if necessary, directs a sale and divides the proceeds between the salvors and the proprietors. In fixing the r...
Law of shipping
Law of shipping, means the part of maritime law relating to the building, equipping, registering, owning, inspecting, transporting, and employing of ships alongwith the laws applicable to shipmasters, agents, crews and cargoes; the maritime law relating to ships. Also termed shipping law, Black's Law Dictionary, 7th Edn., p. 893....
lien
lien [Anglo-French, bond, obligation, literally, tie, band, from Old French, from Latin ligamen, from ligare to bind] : a charge or encumbrance upon property for the satisfaction of a debt or other duty that is created by agreement of the parties or esp. by operation of law ;specif : a security interest created esp. by a mortgage assessment lien : a lien that is on property benefiting from an improvement made by a municipality and that secures payment of the taxes assessed to pay for the improvement attachment lien : a lien acquired on property by a creditor upon levy of an attachment car·ri·er's lien : a lien against freight conferring on the carrier the right to retain the property until the amount due is paid charging lien : a lien attaching to a judgment or recovery awarded to a plaintiff and securing payment of the plaintiff's attorney's fees and expenses called also special lien choate lien : a lien that requires no further action to be made enforceable and th...
Oleron
Oleron, an island lying in the Bay of Acquitain, at the mouth of the river Charente, formerly in the possession of England. The inhabitants of Oleron have been able mariners for seven or eight hundred years past. They are said to have drawn up the laws of the Navy still called the Laws of Oleron. According to some French writers these maritime laws were digested as the Reole des Jugemens d'Oleron, by direction of Queen Eleanor, wife of Henry II. as Duchess of Guienne, and enlarged and improved by her son Richard I. Selden (de Dom. Mar.c. xiv.) maintains that they were compiled and promulgated by Richard I. as King of England. Writers, as Mons. Boucher, of Paris, and the English Luders, consider the whole account fallacious. The former calls the more story of our Richard I. and Queen Eleanor une chimere des plus invraisemblables, Monthly Review, December, 1811; and see Nouveau Larousse, tom. vi. P. 488. The laws of Oleron were to a great extent the foundation of the maritime laws of mos...
admiralty
admiralty : the court having jurisdiction over questions of maritime law ;also : maritime law ...
Consolato del mare
A collection of maritime laws of disputed origin supposed to have been first published at Barcelona early in the 14th century It has formed the basis of most of the subsequent collections of maritime laws...
Revendication
Revendication. Upon the sale of goods on credit, by the law of some commercial countries, a right is reserved to the vendor to retake them, or he has a lien upon them for the price, if unpaid: and in other countries he possesses a right of stoppage in transitu (q.v.) only in cases of insolvency of the vendee. The Roman law did not generally consider the transfer of property to be complete by sale and delivery alone without payment or security given for the price, unless the vendor agreed to give a general credit to the purchaser; but it allowed the vendor to reclaim the goods out of the possession of the purchaser, as being still his own property. Quod vendidi (say the Pandects), nobis aliter fit accipienlis, quam si aut pretium nobis solutum sit, aut satis to non datum, vel etiam fidem habuerimus emptori sine ulla satisfactione. The present code of France gives a privilege or right of revendication against the purchaser for the price of goods sold, so long as they remain in possession...
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