The Russian Doctrine of the Legal Nature of the Institution of Marine Cargo Carriage (from the Late 19th to the Early 20th Century)

The article is devoted to understanding the legal nature of the institution of maritime transportation of goods in the domestic legal doctrine, characteristic of the legal thought of the period under review. The institution under study, having the specifics of public international law, private international law, civil law, administrative law, as well as due to its close connection with other related institutions of maritime law, has emerged as an institution that cannot be regulated within the framework of one branch of law without taking into account all the features its historical and legal specificity. The presence of multifaceted reflections on the legal aspects of the contract for the carriage of goods by sea reveals the main contours of what constitutes its nature as a legal institution, and indicates its significance for the state system and economy of that era. In conclusion, the author comes to the conclusion that during the period under review, an independent concept of the international public legal nature of the institution of maritime transportation of goods was formed in different interpretations, which did not receive final confirmation, and maritime trade law remained a structural part of trade law.

Authors

Publication Details

Journal
Transportnoe pravo.
Published
2024-08-29
DOI
https://doi.org/10.18572/1812-3937-2024-3-20-23
Primary Topic
Arctic and Russian Policy Studies
Type
article
Field-Weighted Citation Impact
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article

The Russian Doctrine of the Legal Nature of the Institution of Marine Cargo Carriage (from the Late 19th to the Early 20th Century)

Ali Kh. Khabibulaev
Transportnoe pravo.
Arctic and Russian Policy Studies
article

The Russian Doctrine of the Legal Nature of the Institution of Marine Cargo Carriage (from the Late 19th to the Early 20th Century)

Ali Kh. Khabibulaev
article en

Abstract

The article is devoted to understanding the legal nature of the institution of maritime transportation of goods in the domestic legal doctrine, characteristic of the legal thought of the period under review. The institution under study, having the specifics of public international law, private international law, civil law, administrative law, as well as due to its close connection with other related institutions of maritime law, has emerged as an institution that cannot be regulated within the framework of one branch of law without taking into account all the features its historical and legal specificity. The presence of multifaceted reflections on the legal aspects of the contract for the carriage of goods by sea reveals the main contours of what constitutes its nature as a legal institution, and indicates its significance for the state system and economy of that era. In conclusion, the author comes to the conclusion that during the period under review, an independent concept of the international public legal nature of the institution of maritime transportation of goods was formed in different interpretations, which did not receive final confirmation, and maritime trade law remained a structural part of trade law.

Transportnoe pravo.
Life below water
Openalex Percentile: Top 73%
Arctic and Russian Policy Studies
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The Russian Doctrine of the Legal Nature of the Institution of Marine Cargo Carriage (from the Late 19th to the Early 20th Century) — Ali Kh. Khabibulaev · Transportnoe pravo. (2024) | TGRS Research Map | TGRS