Study On 《The Rules Of Oleron》

《The Rules of Oleron》 is the Western Europe and the Northern Europe’s first maritime law, and is also one of the three medieval sea-law. In the history of the development of maritime law, the law occupies a very important position. It brings together the maritime habits of Atlantic coasts, adopted by the countries of Atlantic ocean and north sea, it also laid a foundation for13,14century Hanseatic League and the Baltic countries setting up maritime law system. From the content point of view, the main content of the code including general average, salvage, and the captain and crew’s rights and obligations come from 《The Rhodian Sea-Law》. It also has a far-reaching influence on the British maritime law, and formed the basis of the British maritime law."The Black Book of the Admiralty" was deeply influenced by it.Throughout the one hundred years of history of the development of China’s maritime law, the 《ships law draft》 in late qing dynasty opened the first transplant precedent in the history of maritime law in our country. Although later dynasties, the social system update, introducing or transplanting the foreign advanced legal mode has been formed and is continuously expanding. Given maritime law legislation highlighting the clear characteristics of portability, we need to do research in-depth of the transplanting ontology, not only to know what it is, but also to know the reason, not only to know now, but also to understand the past. We look forward that the past code has some reference value to the current legal system of maritime law.This paper studies the significance of 《The Rules of Oleron》, then discusses the overall background of medieval history,it is the basis of the formation of the code. Then discusses the legislation tradition of medieval law, that is the medieval merchant law. Then discusses the legislative background of 《The Rules of Oleron》, they are 《Hammurabi Code》 and 《The Rhodian Sea-Law》, and then analyzes the formation of 《The Rules of Oleron》, the enacting country and also the basis of economic, political, and cultural conditions. Finally, the paper analyzes the content of this code, and select some spirit of law and some system that are valuable to today’s maritime legislation.