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Author Khalilieh, Hassan Salih, 1965-
Title Admiralty and maritime laws in the Mediterranean Sea (ca. 800-1050) : the Kitāb Akriyat al-Sufun vis-a-vis the Nomos Rhodion Nautikos / by Hassan S. Khalilieh.
Imprint Leiden ; Boston : Brill, 2006.

Author Khalilieh, Hassan Salih, 1965-
Series The medieval Mediterranean, 0928-5520 ; v. 64
Medieval Mediterranean ; v. 64. 0928-5520
Subject Kitāb Akriyat al-Sufun wa-al-Nizāʻ bayna Ahlihā.
Rhodian sea-law.
Maritime law -- History -- To 1500.
Maritime law (Islamic law)
Maritime law (Roman law)
Maritime law -- Greece -- Rhodes.
Law, Medieval.
Alt Name Khalilieh, Hassan Salih, 1965- Islamic maritime law.
Description 1 online resource (xxxiii, 375 pages).
Note digitized 2010 HathiTrust Digital Library committed to preserve pda
Bibliography Note Includes bibliographical references (pages 331-335) and index.
Contents Preface -- Glossary of Non-English Terms -- Introduction: Mediterranean Admiralty and Maritime Laws in Historical Perspective ; Legislative Sources of Byzantine Sea-Laws ; The Mediterranean between the Domination of Byzantium and of Islam ; Islamic Admiralty and Maritime Laws and Practices ; Purposes and Methodology of the Study -- Chapter One, Physical and Legal Significance of Vessel: Definition of a "Ship" ; Capacity and Overloading Regulations ; Names ; Summary -- Chapter Two, The Vessel's Human Complement: Ownership ; Joint Ownership ; Seamen, Their Employment, Welfare, and Status. 1. Definition of a "seaman" ; 2. Service Contract ; 3. Forms of Employment ; 4. Wages ; 5. Accommodation and Welfare ; 6. Misbehavior ; 7. Duty in Times of Peril ; 8. Termination of Service -- Passengers: Entitlements and Obligations. 1. Definition of a "Passenger" ; 2. Diet and Accommodation ; 3. Boarding ; 4. The Carrier's Liability for Passengers' Belongings ; 5. Discipline ; 6. Religious Rituals ; 7. Funeral Practices at Sea ; 8. Contribution to Salvage ; Summary -- Chapter Three: Carriage of Goods : General ; The Contract, Written or Oral? ; Types and Formation of Contracts of Affreightment (1. Contract of Carriage in a Particular Ship ; 2. Contract of Carriage with a Common Carrier) ; Bills of Lading ; Carrier's Liability for Partial Damage and Total Loss ; Payment of Freight Charges ; Factors Affecting Freightage (I. Loading Berth ; II. En Route ; III. Destination) ; Cancellation of Contract ; Summary -- Chapter Four: Jettison, General Average, and Contribution : General ; Rules of Jettison ; Commercial Commodities and Personal Effects ; Assessment of General Average ; Freight Charges ; Valuation of the Ship for Contribution ; Human Jettison and Contribution for Lives ; Choice of Forum and Evidentiary Issues (1. Oral Deposition ; 2. Written Evidence ; 3. Physical Examination of the Ship) ; Summary -- Chapter Five: Collision : General ; Navigational Misconduct ; Inevitable Collision ; Intentional Collision ; Summary -- Chapter Six: Salvage, Salvors and Shippers : General ; Life Salvage ; Property Subject to Salvage ; Salvors and the Salvage Awards ; Formalities and Legal Procedures ; International Treaties ; Salvaged Property and Freight Charges ; Summary -- Chapter Seven: Commercial Law : General : The Sea Loan : Byzantine Chreokoinonia and Islamic Qirad/Mudaraba (Commenda) ; Summary -- Conclusions -- Appendices. Appendix One: Nomos Rhodion Nautikos, Part II, Part III -- Appendix Two: [41 v. ] Kitab Akriyat al-Sufun wal-Niza' bayna Ahliha (Treatise Concerning the Leasing of Ships and the Claims between (Contracting) Parties) : Hiring Seamen for Ships ; Hire of Ships ; Obstacles to Execution of the Concluded Contract of Affreightment ; Destruction of the Ship and/or Cargo ; Goods Jettisoned Overboard into the Sea ; Liability or otherwise of Ship Owners for what They Carry ; Loading the Ship with Foodstuffs and/or other Goods ; A Ship Owned by Two Partners ; Profit-Sharing between a Ship Owner and a Person who Operates his Ship ; [Attachment: Six Jurisprudential Questions (Masa'il)] -- A Short Biography of Early Muslim jurists cited in the Kitab Akriyat al-Sufun -- Index of Cited Statutes from Roman and Byzantine Legal Codices -- General index.
Summary 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.
Access Use copy Restrictions unspecified star
Reproduction Electronic reproduction. [S.l.] : HathiTrust Digital Library, 2010.
System Details Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002.
Note Print version record.
ISBN 9789047410294 (electronic bk.)
9047410297 (electronic bk.)
9004152539 (hardback ; alk. paper)
9789004152533 (hardback ; alk. paper)
OCLC # 607888115
Additional Format Print version: Khalilieh, Hassan Salih, 1965- Admiralty and maritime laws in the Mediterranean Sea (ca. 800-1050). Leiden ; Boston : Brill, 2006 (DLC) 2006044032 (OCoLC)66393572

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