{"title":"Grotius and Limited Liability","authors":"Dave De ruysscher","doi":"10.1163/18760759-44020002","DOIUrl":null,"url":null,"abstract":"Grotius’s ideas on proportionate and limited liability, as mentioned in the <jats:italic>Inleidinge</jats:italic> and <jats:italic>De iure belli ac pacis</jats:italic>, were novel in comparison to the civilian doctrine of his time. Grotius drew from sources of local law and statutes regarding maritime law but was nonetheless original in his interpretations. Grotius proposed to consider the liability of co-owners of ships (<jats:italic>reders, exercitores</jats:italic>), who acted as organizers of maritime expeditions, and of others that were participating in these expeditions, as broad. At the same time, their liability was limited to the maximum of the value of the ship and cargo. In this regard, Grotius’s conceptions hinged on a view of a ship’s voyage as engendering a community of risk among all stakeholders. However, in spite of the underlying connections, Grotius did not eradicate all inconsistencies which the originality of his combinations brought forward.","PeriodicalId":1,"journal":{"name":"Accounts of Chemical Research","volume":null,"pages":null},"PeriodicalIF":16.4000,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Accounts of Chemical Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/18760759-44020002","RegionNum":1,"RegionCategory":"化学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"CHEMISTRY, MULTIDISCIPLINARY","Score":null,"Total":0}
引用次数: 0
Abstract
Grotius’s ideas on proportionate and limited liability, as mentioned in the Inleidinge and De iure belli ac pacis, were novel in comparison to the civilian doctrine of his time. Grotius drew from sources of local law and statutes regarding maritime law but was nonetheless original in his interpretations. Grotius proposed to consider the liability of co-owners of ships (reders, exercitores), who acted as organizers of maritime expeditions, and of others that were participating in these expeditions, as broad. At the same time, their liability was limited to the maximum of the value of the ship and cargo. In this regard, Grotius’s conceptions hinged on a view of a ship’s voyage as engendering a community of risk among all stakeholders. However, in spite of the underlying connections, Grotius did not eradicate all inconsistencies which the originality of his combinations brought forward.
格劳秀斯在《Inleidinge》和《De iure belli ac pacis》中提到的关于比例责任和有限责任的观点，与当时的民事理论相比是新颖的。格劳秀斯借鉴了有关海事法的当地法律和法规，但他的解释仍具有独创性。格劳秀斯建议将作为海上探险组织者的船舶共有人（reders, exercitores）以及参与这些探险的其他人的责任视为广泛的责任。同时，他们的责任仅限于船舶和货物的最大价值。在这方面，格劳秀斯的概念是基于这样一种观点，即船舶航行在所有利益相关者之间产生风险共同体。然而，尽管存在潜在的联系，格劳秀斯并没有消除其组合的独创性所带来的所有不一致之处。
期刊介绍：
Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance.
Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.
京公网安备 11010802042870号
京ICP备2023020795号-1
分享
求助内容：
应助结果提醒方式：
扫码关注我们
