Maritime Contracts: From Ancient Loans to Modern Shipping
Section 1: Ancient Sea Loans
The earliest recorded sea loans date back to the Laws of Manu in India, 10 centuries before Christ. These loans financed maritime activities. Ancient Greece had two primary forms: the Eteroploun for a single journey and the Anfoteroploun for a round trip. In the Eteroploun, the lender might send a trusted representative on the voyage or travel along to oversee the borrower. Lenders, often traders, would use the ship to transport and sell goods, facilitating currency exchange and trade. These contracts, often documented in a Syngrapha, outlined the loan terms and obligations. Loss of the Syngrapha absolved the borrower from repayment. In Rome, maritime activities often involved the Mutuum, a loan of fungible goods like money, to be returned after a certain time. The Foenus Nauticum, specifically for maritime use, involved a loan for ship repairs or purchasing goods, with repayment contingent on safe arrival. The lender bore the risks of the voyage.
The Evolution of the Foenus Nauticum
- Transport of capital.
- Goods purchased with borrowed capital.
- Money used for goods, repairs, and crew wages.
Section 2: Medieval and Modern Mediterranean Charters
Roman law distinguished between Locatio Navis (renting an entire ship) and Locatio Rerum Vehendarum (renting cargo space). These concepts evolved into the Noliejament/a Scar/ad Scarum/a scarso, a charter agreement for a fixed price, either for a single voyage, a round trip, or a set period. Another form, Noliejament a Quintarades/a would sing/a quintaci, involved renting cargo space for high-value goods. Contracts could be written (public or private) or oral, sealed with a handshake. Charterers bore the responsibility for cargo and unloading costs. Goods were recorded in a ship’s cartulary. Loading occurred in the hold, with only low-value goods allowed on the exposed deck.
Laytime and Demurrage
- Laytime: Days allotted for loading, specified by the captain.
- Demurrage: Fees for exceeding laytime.
From the late 14th century, the charter of the Baix d’alt e travers long emerged, catering to the trade of bulk goods like wood, wheat, and livestock. This charter involved renting the entire ship for a flat rate per unit of cargo.
Section 5: Codified Maritime Law
The 1807 French Commercial Code recognized three charter types: Affretement (Mediterranean), Nolissement (Atlantic), and Charte-Partie (Coastal). The code mandated written contracts specifying ship details, parties involved, loading/unloading locations, price, and freight type. The 1829 Code addressed loading/unloading procedures, freight payment methods (pre-departure, en route, or at port), and the captain’s lien on unpaid goods. The 1885 Spanish Commercial Code recognized only the charter party. The 1882 Italian Code, influenced by Venetian maritime law, focused on ship rental and inland waterway navigation.
The 1942 Italian Navigation Code, spearheaded by Antonio Scialoja, introduced a more comprehensive framework, distinguishing between sea and air navigation contracts, including:
- Lease: Use and enjoyment of the vessel.
- Charter: Navigation and voyage compliance.
- Transport: Movement of goods or people, with inherent risks and obligations.
- Loan: Free use of the vessel for a specific time and purpose.
The code also addressed sub-chartering (charterer renting to a third party) and charter transfer (change of charterer). Contract termination could occur upon voyage completion, breach of contract, or expiry of the contract term.