Volume 19, Issue 3 (2015)
CLR 2015, 19(3): 49-71 |
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Ramazanadeh O, Issaei Tafreshi M, Shahbazinia M. The Conditions of General Average Realization in the York Antwerp rules 2004, with a Comparative Study in England and Iran Law. CLR 2015; 19 (3) :49-71
URL: http://clr.modares.ac.ir/article-20-12318-en.html
URL: http://clr.modares.ac.ir/article-20-12318-en.html
1- Ph.D. student, Department of Law, Tarbiat Modares University, Tehran, Iran
2- Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
3- Associate Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
2- Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
3- Associate Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
Abstract: (10630 Views)
Passenger, ship and the freight are at risk during the maritime adventure, and some damages may occur for each of them. If the averages shall be deemed just in the ship's account or in the special cargo's account or another property on the ship board, which damaged or caused damage, this would be Special Average, and if there is a contribution between others, it would be General Average.
According to rule A of the York Antwerp rules 2004, which was adopted with a little difference from section 66 of the English Marine insurance Law, 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. The conditions of general average realization sometimes lead to different ideas, and after that, different cases are brought up. Examination of these cases although dissects the conditions provided in rule A, it explains other conditions, which are not mirrored by rule A. The definition of general average in section 185 of the Iran marine Law (1964) is not accommodating with the definition in rule A. In section 185, there are no hints to the words sacrifice, reasonable and common maritime adventure. However, each of these words’ and phrases has special meaning and importance in General Average field. All of these reasons require a revision in this rule.
According to rule A of the York Antwerp rules 2004, which was adopted with a little difference from section 66 of the English Marine insurance Law, 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. The conditions of general average realization sometimes lead to different ideas, and after that, different cases are brought up. Examination of these cases although dissects the conditions provided in rule A, it explains other conditions, which are not mirrored by rule A. The definition of general average in section 185 of the Iran marine Law (1964) is not accommodating with the definition in rule A. In section 185, there are no hints to the words sacrifice, reasonable and common maritime adventure. However, each of these words’ and phrases has special meaning and importance in General Average field. All of these reasons require a revision in this rule.
Received: 2014/05/13 | Accepted: 2015/12/8 | Published: 2015/12/24
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