Justifiability of Studying Maritime Law Institutions in the Academic Tuition from Romania

• Author: Ciprian Alexandrescu
• Position: Constanta Notaries Public Chamber
• Pages: 55-57

Legal Sciences

55

Justifiability of Studying Maritime Law

Institutions in the Academic Tuition from Romania

Ciprian Alexandrescu

Constanta Notaries Public Chamber, alexandrescuciprian@yahoo.com

Abstract: Maritime and river law has an independent character in relation with the ot her branches of law as it

has its own r esearch object and specific national a nd international springs. This is one of the justifications of

river and maritime law studying as a distinct law branch in France, Spain, Italy, Russ ia, England, Canada,

USA, etc. In th e famous universities mostly from Eur ope, there are professors of river and maritime law and

the law subjects maritime commercial la w, administrative law, commercial law, sea law, maritime port law,

etc., are taught by personalities of the juridical world. In the modern period, bes ides 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 reas ons, the provisions of the Law no.

191/2003 enacted by governmental r esponsibility assumption cannot be totally applied because they ar e

mostly unconstitutional, even though the normative document has a special importance as it replaced the V

th

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 the

maritime and river law studying in t he academic tuition. If this intercession is ignored, certai nly, there cannot

be a proper reform in the academic tuition.

Keywords: Maritime Law; navigation specialists; navigation safety; naval transport

Unlike other states that possess maritime and river transport capacities, in Romania, the maritime law

is not considered a distinct branch in the legislation. Some institutions of maritime and river law are

studied briefly in Commercial Law and Transport Law, however, this situation cannot lead at the

developing of law in general and implicitly at the formation and specialization of jurist consultants in

this field. The consequences of this way of thinking are easy to understand if we take a look at law

literature, extremely poor in the theoretical approach of maritime and river law institutions.

This observation is also attested by the fact that the few acknowledgements at the law institutions

mentioned were made by navigation specialists and way too few by jurist consultants.

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 mariti me commercial law, administrative law, commercial law, sea law, maritime port

law, etc., are taught by personalities of the juridical world.

For example, at the Law Faculty from Sorbona University, the head of the Maritime Law Department

was for a period of three years the academician Rene Rodier, considered to be father of modern