- The Lex Rhodia was the Rhodian Sea Law, a collection of Sea Laws regulating commerce and shipping compiled between c.800-46 BCE and enforced by the Rhodian Navy (323-46 BCE).
- They were incorporated into Roman Law during the Roman Empire and later into Byzantine Law. Although no intact copy has ever been found, it is referred to in the Byzantine Laws known as the Digest of Justinian (529-533 CE).
Digest of Justinian (529-533 CE)
- In Section 3 of the Digest it explains the difference between Ownership and Possession of Goods. It is subdivided into three sections:
- Section I: Ratification of Naval Law by the Roman Emperors.
- Section II: Division of Profits amongst the Crew and Regulations on Board the Vessel.
- Section III: Maritime Law. (the main Work)
- This dealt with Theft or Damage to the Cargo or Vessel.
- It distinguished between Ownership and Possession of Goods, in order to establish Liability for Insurance purposes, between the Shipper (the Owner) and the Vessel’s Crew (The Possessor).
- Specifically, D14.2 ‘De Lege Rhodia de iactu’ and D47.9 ‘De Incendio ruina naufragio rate nave expugnata’.
- Under the Lex Rhodia, the Captain was the ‘Possessor’ and the Shipper was the ‘Owner’.
Rhodes