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

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

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 ... (see full summary)

 
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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

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