Tim Lubbers, ‘The capture of the Ponte: the development of vicarious liability of shipowners and its limitation in Roman-Dutch law’

SUMMARY
In 1599, Dutch privateer Melchior van den Kerckhoven unlawfully captured the Venetian merchantman Ponte, which resulted in extensive legal proceedings before the Supreme Court of Holland, Zeeland and West-Friesland. The Ponte case soon became the centrepiece for discussions about vicarious liability of shipowners for unlawful acts of their shipmasters, and – more importantly – about limitation of this liability to (the value of) their ship and cargo. Within these discussions, a secondary role was reserved for the case arising from the capture of the French ship Levrette by a Dutch merchantman in 1610. Based on extensive archival research, the present article offers a detailed reconstruction of the facts and proceedings of the Ponte and the Levrette case, and sets out how these cases were employed by Roman-Dutch lawyers to give shape to limited liability of shipowners for unlawful acts of their shipmaster.

Tim Lubbers, The capture of the Ponte: the development of vicarious liability of shipowners and its limitation in Roman-Dutch law, Tijdschrift voor Rechtsgeschiedenis / Revue d’histoire du droit / The Legal History Review 90(1-2), 177-221, https://doi.org/10.1163/15718190-20220012. Online Publication Date 26 May.

First posted 2022-07-04 09:00:33

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