Published Oct 15, 2003



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Francisco Carlos López Rueda

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Abstract

Maritime law is a historic and relative concept. It has not remained
the same regarding its application in different countries and over
different periods of time.

In order to arrive at what is considered an essential concept of
maritime law, one must first overcome how maritime law is applied
in several systems, in conformity with the reality and its nature.

Unless the country, such as is the case with the Italian or Argentine
legal systems, has provided for an independent maritime code,
maritime law is generally found in commercial codes. It is identified
with maritime transport. However, its complex nature demands a
broader view, which necessarily includes all aspects of maritime
navigation, as well as other public-administrative aspects, whether
they relate to commerce or not.

Otherwise, the particularism or peculiarity of its institutions makes it
appear like a special law.

This amplification of the standards of limitation of maritime law,
together with the special nature of its norms, works to advance the
acknowledgement of its substantial autonomy, which does not have a
counterpart in legislative autonomy like under Spanish law.
Consequently, the debate begins about the status of maritime law and
the opportunity for reform.

Keywords

Derecho marítimo, navegación marítima, transporte marítimoMaritime law, maritime navigation, maritime transport

References
How to Cite
López Rueda, F. C. (2003). CONCEPTO Y CARACTERES DEL DERECHO MARÍTIMO. Vniversitas, 52(106), 229–268. Retrieved from https://revistas.javeriana.edu.co/index.php/vnijuri/article/view/14815
Section
Artículos

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