Abstracts

INSURANCE

S.M. Passamaneck, "His Majesty's spurious prize of war", Mélanges à la mémoire de Marcel-Henri Prévost (Paris: Presses Universitaires de France, 1982), 207-225. - This is an illuminating analysis of a fascinating 18th century responsum, emanating from the Amsterdam Yeshivah Etz Hayyim, written by David Franco Mendes. It is set against the background of the Seven Years' War, and the author reviews the relevant historical and international law background. A claim was made under a contract of marine insurance between two Jews, for the loss of the value of cargo which had been impounded in a neutral (Dutch) vessel during the war. The "prize" was, however, "spurious", in that the vessel had escaped custody while on the high seas, and the loss had been occasioned when the assured's agents were obliged by the Gentile courts to pay what they had received for the merchandise, which they had sold on reaching port. The respondent rules in favour of the insurer, on the basis of the custom of merchants and international law. Passamaneck considers why the case appears ultimately to have come to a Jewish forum. This is a valuable contribution to the history of comparative commercial law and international law, as well as Jewish law. (B.S.J.)

M. Slae, Insurance in the Halacha, Tel-Aviv: Israel Insurance Association, l982, Pp. 318; see KS 58/4 no. 5302.

 

 

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