EIRP Proceedings (Jun 2010)
Justifiability of Studying Maritime Law Institutions in the Academic Tuition from Romania
Abstract
Maritime and river law has an independent character in relation with the other branches of law as it has its own research object and specific national and international springs. This is one of the justifications of river and maritime law studying as a distinct law branch in France, Spain, Italy, Russia, England, Canada, USA, etc. In the famous universities mostly from Europe, there are professors of river and maritime law and the law subjects maritime commercial law, administrative law, commercial law, sea law, maritime port law,etc., are taught by personalities of the juridical world. In the modern period, besides the commercial codes that have been changed or replaced, there have been adopted many normative national and international documents with other regulation objects than commerce. For the same reasons, the provisions of the Law no. 191/2003 enacted by governmental responsibility assumption cannot be totally applied because they are mostly unconstitutional, even though the normative document has a special importance as it replaced the Vth chapter of the Decision 443/1972 in which were incriminated facts of naval transport. The examples can continue, but we appreciate that there were brought forth enough arguments in favor of introduction themaritime and river law studying in the academic tuition. If this intercession is ignored, certainly, there cannot be a proper reform in the academic tuition.