respondentia
冒险借款
冒险借款
Respondentia \
Re `
spon *
den "
ti *
a \ (
r ?`
sp ?
n *
d ?
n "
sh ?*?),
n . [
NL .
See {
Respondence }.] (
Commercial Law )
A loan upon goods laden on board a ship .
It differs from bottomry ,
which is a loan on the ship itself . --
Bouvier .
[
1913 Webster ]
RESPONDENTIA ,
maritime law .
A loan of money on maritime interest ,
on goods laden on board of a ship ,
which ,
in the course of the voyage must ,
from their nature ,
be sold or exchanged ,
upon this condition ,
that if the goods should be lost in the course of the voyage ,
by any of the perils enumerated in the contract ,
the lender shall lose his money ;
if not ,
that the borrower shall pay him the sum borrowed ,
with the interest agreed upon ,
2 .
The contract is called respondentia ,
because the money is lent on the personal responsibility of the borrower .
It differs principally from bottomry ,
in the following circumstances :
bottomry is a loan on the ship ;
respondentia is a loan upon the goods .
The money is to be repaid to the lender ,
with maritime interest ,
upon the arrival of the ship ,
in the one case and of the goods ,
in the other .
In all other respects the contracts are nearly the same ,
and are governed by the same principles .
In the former ,
the ship and tackle ,
being hypothecated ,
are liable ,
as well as the person of the borrower ;
in the latter ,
the lender has ,
in general ,
only the personal security of the borrower .
Marsh .
Ins .
B .
2 ,
c .
1 ,
p .
734 .
See Lex Mer .
Amer .
354 ;
Com .
Dig .
Merchant ,
E 4 ;
1 Fonb .
Eq .
247 ,
n .
I .;
Id .
252 ,
n .
o .;
2 Bl .
Com .
457 ;
Park .
Ins .
ch .
21 ;
Wesk .
Ins .
44 ;
Beames '
Lex .
Mex .
143 ;
3 Chitty '
s Com .
Law ,
445 to 536 ;
Bac .
Abr .
Merchant and Merchandise ,
K ;
Bottomry .
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