Chapter XVI
GENERAL AVERAGE
Article 292. General average
1. General average refers to any extraordinary sacrifice or expenditure which is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the ship, goods, luggage, freight rate and passengers.
2. Only loss or damage and expenditure directly consequential on a general average act shall be included in a general average loss.
3. Every loss, damage and expenditure incurred with respect to damage to the environment or consequential to escape or release of pollutant substances from the property on board the ship in the common adventure at sea shall be excluded from a general average loss in any case.
4. Demurrage charged for late delivery of goods and any loss or damage or expenses payable on delay incurred whether in or after a sea adventure and any other indirect loss shall be excluded from a general average loss.
5. Special expenditure in excess of the acceptable amount shall be included in a general average loss within a proper limit applied to specific circumstances.
Article 293. Distribution of general average losses
1. General average is proportionally distributed based upon the value of a portion of loss in a general average act and the saved value at the time and place of the ship's end of adventure immediately after such general average occurs.
2. Provisions laid down in paragraph 1 of this Article shall also be applied to the circumstance whereby a peril arises through the fault of persons who share general average interests or of a third person.
3. Distribution of general average losses shall not exclude the right of persons involved to claim for compensation of the person at fault.
4. Rules for determination of specific loss value and value of distributed general average losses shall be contractually agreed upon between parties. In the absence of such agreement, the person who distributes general average losses shall be subject to provisions of this Chapter and international practices to handle this issue.
Article 294. Distribution of general average losses in respect of undeclared goods loaded onto the ship
Loss of an undeclared good loaded onto the ship or a good of which the nature and value is wrongfully declared shall be excluded from a general average loss; where such good is saved from a common peril, it shall be subject to a pro-rata distribution value.
Article 295. Particular average
Any loss imposed on the ship, goods, luggage, freight rate and passengers which is excluded from a general average according to the rules provided for in Article 292 hereof shall be called particular average. The person who suffers a loss shall not be entitled to compensation unless he proves that such loss arises through the fault of other persons.
Article 296. Declaration of a general average loss and appointment of a person in charge of distributing general average losses
1. Determination of a general average loss, loss value and distribution of a general average loss shall be assigned to the person in charge of distribution of general average losses by the ship owner.
2. The ship owner shall be the only person vested with the right to declare a general average loss and assign his person to take charge of distributing general average losses within a maximum period of 30 days from the date of declaration of such general average loss.
Article 297. Statute of limitation for submission of a claim regarding general average
The statute of limitation for submission of a claim regarding general average lasts for 02 years from the date on which a general average arises. The time of distribution of general average losses shall be excluded from the statute of limitation for submission of a claim regarding general average.
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Bộ luật hàng hải Việt Nam 2015 (Bản Word)
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