Study Of The Issues Concerning The Fault Of The Carrier In General Average Cases

In theory and practice, there are a variety of solutions for dealing with the issue about when to concern the fault of the carrier in general average cases. This thesis analyzes and studies some typical solutions about this issue, which is divided into the following five chapters:The first chapter illustrates the development of the term of general average and defines the important concepts including general average, general average act, general average adjustment and general average contribution. Meantime, it points out that the fault of the carrier is the main reason causing general average accidents and when to concern the fault of the carrier is of great importance.The second chapter analyzes the way of handling the issue about concerning the fault of the carrier at the stage of determining the nature of the accident. First of all, it denies the reasonableness of this way from the positive view and points out the problems of this way. Secondly, it analyzes the nature and the elements for the general average from the perspectives of history and maritime insurance. It is concluded that the composition of narrow general average has nothing to do with the fault of the carrier and there is no need to concern the fault of the carrier at the stage of determining the nature of the accident.The third chapter analyzes the way of handling the issue about concerning the fault of the carrier at the stage of general average adjustment. First of all, it points out the problems existing in this way through discussing Peking Adjustment Rules1975.Secondly, it is concluded that there is no need to concern the fault of the carrier at the stage of general average adjustment from the perspectives of the substance of general average adjustment, the relationship with the realization for the right of general average contribution and the need for the convergence with the system of maritime insurance. The fourth chapter analyzes the way of handling the issue about concerning the fault of the carrier at the stage of general average contribution. First of all, it shows the irrational and problems of the model of’Contribution precedent, Recourse subsequent’ through analyzing Rule D in York-Antwerp Rules. Secondly, it holds that it needs to concern the fault of the carrier at the stage of general average contribution from the perspectives of the nature of the right of general average contribution and the substance of the mechanism of general average contribution. Thirdly, it comes to the conclusion that concerning the fault of the carrier at the stage of general average contribution is the need for practice through the analysis of judicial practice of United States, British Commonwealth, Germany and China.The fifth chapter points out the existing problems of the relevant regulations in China Maritime law and makes the corresponding propositions for amendments through analyzing comparatively the differences in the wording and other regulations relating to deal with the issue of when to concern the fault of the carrier in general average cases between China and common law.