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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