A Study On General Average Institution Of Roman Law

As an important rule for the development of maritime law in modern countries,the general average institution can be traced back to the "Rhodes Sea Law" in the ancient Greek period.Later,the average institution on abandonment of goods in the law was collated and included in the "College of Doctrine".Chapter 2 of Volume 14(ie,"Rhodian law of jettison"),together with the legal interpretations of ancient Roman jurists,constitutes an important source of maritime law norms in the "Collect of Theory."Rhodian law of jettison",together with the legal language on the attribution of shipwrecked objects in the Ladder of Law,and the relevant rules on maritime transport in the Compilation of Doctrines,constitute the general average in Roman law.rule.The article is divided into four parts.The first part is a preliminary review of the general average institution based on the "Rhodian law of jettison " in the"Collect of Theory" by combing through the maritime law norms in Roman law;the second part is based on "Based on the " Rhodian law of jettison " text,it summarizes the main content of the law based on the general average apportionment,the scope of the apportionable loss,the apportionment through litigation,the apportionment share and valuation,and other related content as the path;The third part analyzes the basic system framework established by the law,including the establishment basis,constituent elements,and treatment principles of general average.Among them,the general average treatment principle is specifically divided into principle provisions,responsible parties,and participation The object of apportionment,general average adjustment and litigation matters;the fourth part is the evaluation and analysis of the " Rhodian law of jettison ",clarifying that the abandonment rules established by the law are important private law mechanisms to deal with ancient Roman maritime risks.And by digging the value orientation of the law in the distribution of interests to explore the Romans’ view of justice contained therein,and finally,explore the relationship between the law and the modern general average system from the perspective of historical perspective,and analyze the law from both positive and negative aspects.The historical advancement and limitations of the law clarify the historical position of the law as a link between the past and the future.The exploration of the general average institution in Roman law and the emphasis on the historical status of " Rhodian law of jettison " will help to enrich academic resources for studying ancient Roman maritime law,promote the justice orientation of ancient Roman maritime law,and serve for future generations.The improvement and development of the general average system provide useful historical experience,which has high academic value and application significance.