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Information On Maritime Law



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Talmud discusses many laws related to sea and river travel, such as the sale of ships, shipwreck rescue and rescue, transitional rules at sea, loading and leasing contracts, and various details of Sabbath laws. ritual purity applied to ships. However, these laws do not serve to establish a separate branch of maritime law as they are intertwined with the wider principles of * contract and compensation (J. Dauvillier, Revue Internationale des. Droits de l’Antiquité, 6 (1959)., 33-63). . If there are special transport traditions in this area, they are no more than the general contract law practice of local or commercial traditions.

With respect to the sale of ships, as in other sales, reference is made to other accessories that are traditionally sold by the ship and are considered to be independent, and therefore need to be purchased separately (bb 5: 1). In addition, the owner of the ship not only for rent, but also in case of debris lost payment (bm 70a) will be expressed. Regulations for maritime traffic include: a When two boats sail along a river; if both try to pass at the same time, they sink; if one leads to another, both can pass camel, with the rise of Beth-Horon [a narrow passage; see. Josh. 10:10 and 11]… if one is plugged in and the other is unplugged, the second must go to the previous one; if one is close to the other, it should give way to the second. If both are equally close or distant, make a compromise between them and one of them must compensate for the passing of the other. ((Tosef. See 2:10; Sanh. 32b). However, if a particular cargo hires a particular ship for transport, it loses rent even though it already pays, but does not have to pay (bm 79b and Tos.). In a case where a man hired boatmen to deliver goods, stipulating that they guarantee against any accident (see *Ones) occurring on the way, and the river dried up during the journey, it was held that the boatmen had not guaranteed against this possibility since such an accident was not foreseeable.

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Various halakhot decisions were made to the wreck. Therefore, if a boat is in danger of sinking and a portion of the load is thrown into the sea to illuminate the ship, the resulting damage is not evenly distributed among the cargo owners, but is also not calculated according to the value of each owner. property. The damage is distributed according to the weight of each owner, provided that it does not conflict with local maritime traditions In one example, a donkey being transported was threatened to sink the ship and was thrown into the sea, then it was decided not to compensate the owner, because the title deed was right for self-defense, after the donkey. intention to kill (see 117b). An interesting halakhah about marine insurance: “Seafarers can foresee that a ship that loses a ship will receive another, but no boat will be given if the boat is lost due to its own negligence or goes to a place that would not normally sail.” The same rule applies to carriers on land.

In the post-Talmudi era, most of the responsibilities relate to commercial traditions, some of which are maritime traditions (eg, Rashba, Resp., Vol. 2, no. 268). Solomon b. Abraham * Adret (Rashba), who lives in Barcelona, where the consulate of the well-known maritime customs is compiled, is at risk of a commodity deposit with a merchant traveling by sea. custody – removing the seafarer from the obligation of accident In addition, it is the custom to pay all wages, even though the journey in which the employee is hired is not completed due to an accident that the employer takes over.

In the State of Israel, maritime law is based on Israeli law in accordance with maritime law, as well as Ottoman-French law and Maritime law.

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