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Contemporary General Average System Evaluation And Development Trends

Posted on:2008-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:P P ChenFull Text:PDF
GTID:2206360242969823Subject:International Law
Abstract/Summary:PDF Full Text Request
General average, which is one kind of peculiar system in marine transport, has been in studied in this article .In this article, the main are demonstration the value of the existence of general average from several angles and deduction the developing trend of it.First, the basic legal concept of general average and evolution of it are explored and law and regulation about general average international and domestic are introduced .The author analysis the deficiency that has been existing in Maritime Code of the People Republic of China currently in effect.Then, The author analysis the value of the existence of general average system, in which the main content are the value of the existence of general average system under the situation that the range of exemption in carrier responsibility decreases gradually at the sea and analyzing the value of the existence of general average system by discussing the law character to the general average.The author also carried out analysis of the actual effect in the practice of general average by discussing several angles, such as the total cost and efficiency of general average system, the difficulty of dealing with the accident caused by the different of principia, which are used for making certain range of the damage of general average , the difficulty of exploring an owner of cargo sharing a general average and so on.Part III analysis the developing trend of general average system on the basis of introducing and discussing of general average system in previous article .After indicating the opponent attitude to the point of views about canceling general average and replacing general average by insurance system ,the author expounds the developing trend of general average system from the simplification of the adjustment of general average by legislation ,the actual range governed by general average system will be diminished accordingly , increasing the regulations about general average in the insurance system and other developing aspects.In the conclusion of this article, the author summed up own viewpoint: General average system will be unable to be canceled, and it also won't be substituted by Rules of Insurance. General Average has its own value of existence. With the development of shipping, General Average will be reformed in order to adapting to the need of practice step by step.
Keywords/Search Tags:general average, the York-Antwerp rules, salvage at sea, Marine insurance
PDF Full Text Request
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