Jacob Coren’s Observatio 40: shipowner liability for inculpable ship collision and its limitation in Roman-Dutch law

Summary In 1617, two Dutch merchantmen collided in a storm on the North Sea. The incident resulted in extensive legal proceedings before the Supreme Court of Holland, Zeeland and West-Friesland, lasting until 1640. In an unprecedented decision, which was published as no. 40 of Jacob Coren’s well-known Observationes , the Court limited the liability of shipowners for inculpable ship collision to the value of their ship. Based both on extensive archival research and the text of Coren’s Observatio , the present article offers a detailed discussion of the facts and proceedings of the case, and set... Mehr ...

Verfasser: Lubbers, Tim
Dokumenttyp: Artikel
Erscheinungsdatum: 2022
Reihe/Periodikum: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review ; volume 90, issue 3-4, page 419-461 ; ISSN 0040-7585 1571-8190
Verlag/Hrsg.: Brill
Schlagwörter: Law / History
Sprache: unknown
Permalink: https://search.fid-benelux.de/Record/base-26640917
Datenquelle: BASE; Originalkatalog
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Link(s) : http://dx.doi.org/10.1163/15718190-20220026

Summary In 1617, two Dutch merchantmen collided in a storm on the North Sea. The incident resulted in extensive legal proceedings before the Supreme Court of Holland, Zeeland and West-Friesland, lasting until 1640. In an unprecedented decision, which was published as no. 40 of Jacob Coren’s well-known Observationes , the Court limited the liability of shipowners for inculpable ship collision to the value of their ship. Based both on extensive archival research and the text of Coren’s Observatio , the present article offers a detailed discussion of the facts and proceedings of the case, and sets out how the case was received by Roman-Dutch scholars. As it turns out, limitation of shipowner liability was analysed in terms of noxal surrender in order to reconcile shipowner liability for inculpable ship collision with contemporary perceptions of equity.