Lex Rhodia de Iactu

The Lex Rhodia de Iactu, the Rhodian law of jettison preserved in Justinian's Digest of 533, held that when cargo is thrown overboard to save a ship, everyone whose property is saved shares the loss.

533, in Justinian's Digest Other Byzantine Empire Digest 14.2

What it requires

The rule, attributed to the ancient maritime law of Rhodes and recorded in Book 14, Title 2 of the Digest, required that when goods were jettisoned to lighten a ship in danger, the loss be made good by contribution from all whose property was saved, in proportion to its value. The owner of jettisoned goods could sue the shipmaster, who could hold back other merchants' goods until they contributed. It has no legal force today, but it survives as the principle of general average.

Why it matters

This ancient rule is the direct ancestor of general average, which still affects importers when ships face casualties. Its proportional sharing logic is applied today under the York-Antwerp Rules. For example, when a container ship catches fire and the owner declares general average, a brand with one container aboard must contribute in proportion to its cargo's value, much as a merchant on a Roman-era ship would have. This origin explains why owners of undamaged cargo still pay and why cargo insurance includes general average cover.

Events

Related laws

Sources

  1. Lex Rhodia, Wikipedia en.wikipedia.org

Not legal advice.