The Feasibility Research On The Abolishment Of General Average

There is a General Average act when, and only when any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.General Average is a kind of special law system in Maritime Law, which exists for a long period. It had made great contribution to the prosperity of the seafaring and played a great important role in fairly spreading the risk of sea transport to protect the legal rights of the ship interests and cargo interests. However, theses years the proposals of predigesting or abolishing General Average come out, especially when the UNCITRAL Transport Law Convention (Draft) abolished the Exemption of Nautical Fault, which increased the contradictons between G.A distribution and the defense against it and impersonally impelled the adjustment scale of G.A become narrower and narrower. Therefore it will be very important to put on the agenda again the problem on whether to abolish or reserve General Average.This essay is composed of five chapters except preface.The first two chapters starts with the history of the development of General Average and makes analysis on the debate of reserving and abolishing G.A. On the basis of the above, the Writer summarized that how to take a correct look at the problem of preserving and abolishing G.A and the possible requirements should be met with when G.A is abolished. In Chapter 3, the Writer analyzed the basis of General Average and disclosed that the foundation of General Average has been wavered, which creates favourable condition for the abolishment of G.A, when the development of the seamanship has achievd great advances and people's capability to resist sea risks improves constantly. In Chapter 4, the Writer indicates that G.A itself has the insolvable problems in adjustment and distribution. These problems would be exposed more evidently when the UNCITRAL Transport Law Convention (Draft) abolished the Exemption of Nautical Fault. In thelight of the above, in Chpater 5, the Writer focuses on the feasibility of the substitution theory of Marine Insurance and makes a concrete analysis of the remedy pattern in law when G.A is abolished.In sum, on the basis of the above breakthrough points, this essay would make a detailed and comprehensive analysis of the feasibility of the abolishment of General Average.