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Published in two volumes, the first part of this title covers the origin, recognition and distinguishing features of the insurance contract. The second part details the principles of pre-codified Dutch insurance law from general requirements to the termination of insurance contracts.
Since its invention in Italy in the fourteenth century, marine insurance has provided merchants with capital protection in times of crisis, thus oiling the gears of trade and commerce. With a focus on customs, laws, and organisational structures, this book reveals the Italian origins of marine insurance, and tracks the spread of underwriting practices and institutions in Europe and America through the early modern era. With contributions from eleven leading researchers from seven countries, the book examines key institutional developments in the history of marine insurance. The authors discuss its invention in Italy, and its evolution from private to corporate structures, assessing the causes and impacts of various state interventions. Amsterdam and Antwerp are analysed as one-time key centres of underwriting, as is the emergence and maturity of marine insurance in London. The book evaluates an experiment in corporate underwriting in Cadiz, and the development of insurance institutions in the United States, before applying the metrics of underwriting to discuss commerce raiding in the Atlantic up to the nineteenth century.
For centuries, warranties have played a significant role in the law of marine insurance and have recently sparked debate on a national and international level after calls for reform. This second edition includes a more involved analysis of law reform as well as a discussion of the recent proposals of the Australian Law Reform Commission. Soyer lucidly analyzes the legal remedy available when a marine insurance warranty is breached as well as setting out the current law on marine insurance warranties. This new edition also includes: a new section on the impact of the International Ship and Port Facility Security Code (ISPS Code) reference to numerous decisions recently handed down by the courts eg. HIH Casualty and General Insurance Ltd. v. New Hampshire Co. and Agapitos v. Agnew (No. 2) a more in-depth discussion of the position in other commonwealth jurisdictions, specially Australia and Canada.
International Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise. The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide. The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.
Marine insurance has been of great importance to the expansion of long distance trade and economic growth in the early modern period, in particular for seafaring nations such as the Dutch Republic. The Amsterdam market became Europe's leading insurance market and within the Republic other insurance systems also emerged. Little is known about the differing institutional frameworks governing these industries and the interaction between the institutions and the actors in the industry. This study examines the development of marine insurance in the Netherlands in Amsterdam, Rotterdam and the province of Groningen from c. 1600 to 1870 from an institutional point of view. It examines how the behavior of authorities, insurers, underwriters and brokers was affected by the formal and informal constraints of the industry and how in turn their conduct has influenced the institutional framework and induced institutional change. Three insurance systems in the Netherlands, each with its own distinctive characteristics and the interaction between institutions and actors is examined. By examining developments over a period of two and half centuries the path of long - term institutional change becomes discernable.
This book offers a study of so-called ‘Maritime Averages’, a variety of risk management instruments used in maritime trade, in the Low Countries, showing how Averages played a major role in the institutional development of the Low Countries.
In Navigating History: Economy, Society, Knowledge, and Nature the contributors present new research that touches on the core themes developed in Karel Davids’s work. The book reflects Davids’s omnivorous character as a scholar. Nevertheless, there are common strands that run throughout the introduction and fourteen chapters gathered here. Major themes include resources of knowledge, cultures of learning, and humans and their natural environment. Together, these fourteen essays provide a fascinating panorama of social, economic, and environmental history of the past millennium. The book seeks to bring back the different levels of geographical scope, fusing the local, the national and the global. Contributors are: Ulbe Bosma, Pepijn Brandon, Jaap Bruijn, Petra van Dam, Victor Enthoven, Sabine Go, Marjolein ’t Hart, Raoul De Kerf, Jan Lucassen, Karin Lurvink, Joel Mokyr, Marijn Molema, Bert de Munck, Pál Nyiri, Harm Pieters, Matthias van Rossum, Joost Schokkenbroek, Jeroen Touwen, Wybren Verstegen, and Jan Luiten van Zanden.
This open access book explores the history of risk management in medieval and early modern European maritime business, focusing particularly on 'General Average' – a mechanism by which extraordinary expenses regarding ship or cargo, incurred during a voyage to save the venture, are shared between all participants to protect equity. This volume traces the history of this risk management tool from its origins in the pre-Roman Mediterranean through to its use in the shipping sector today. Contributions range from the Islamic Mediterranean to the Low Countries, and taken together, provide a wide-ranging analysis of social, cultural, and political aspects of pre-modern maritime commerce in Europe.
How an antisemitic legend gave voice to widespread fears surrounding the expansion of private credit in Western capitalism The Promise and Peril of Credit takes an incisive look at pivotal episodes in the West’s centuries-long struggle to define the place of private finance in the social and political order. It does so through the lens of a persistent legend about Jews and money that reflected the anxieties surrounding the rise of impersonal credit markets. By the close of the Middle Ages, new and sophisticated credit instruments made it easier for European merchants to move funds across the globe. Bills of exchange were by far the most arcane of these financial innovations. Intangible and written in a cryptic language, they fueled world trade but also lured naive investors into risky businesses. Francesca Trivellato recounts how the invention of these abstruse credit contracts was falsely attributed to Jews, and how this story gave voice to deep-seated fears about the unseen perils of the new paper economy. She locates the legend’s earliest version in a seventeenth-century handbook on maritime law and traces its legacy all the way to the work of the founders of modern social theory—from Marx to Weber and Sombart. Deftly weaving together economic, legal, social, cultural, and intellectual history, Trivellato vividly describes how Christian writers drew on the story to define and redefine what constituted the proper boundaries of credit in a modern world increasingly dominated by finance.
The book examines and analyses in depth the specific issues which are currently occupying the marine insurance markets and the law. The London market is currently re-examining its practices and international competitiveness; and the English case law is growing significantly. The issues identified in the book are the “fundamental issues” on which marine insurance law is based, and which are in the process of being re-examined and developed further to respond to the needs of modern insurance practice. They are of wider interest to insurance law in general and the evolution of English law is analysed against the backdrop of legal developments in Europe and Scandinavia.