Chương 14 Luật hàng hải 1990: Tổn thất chung

Chapter XIV

GENERAL AVERAGE

Article 187

1. General average comprises extraordinary sacrifices or expenditure intentionally and reasonably made or incurred for the common safety for the purpose of preserving from a common peril the vessel, the cargo, the freight or the passage money for the carriage of passengers.

2. Only such losses which are the direct consequence of the general average act are allowed as general average. Indirect losses whatsoever, such as losses resulting from the vessels detention or difference in prices are not be admitted as general average.

3. Any extra expense in excess of necessary expenses which would have been allowable as general average is allowed as general average, but only upto the amount of reasonable expenditure depending on each specific case.

Article 188

1. General average losses are apportioned over the vessel, the cargo, the freight and the passage money for the carriage of passengers upon the basis of their actual values at the place and time where and when the vessel shall have entered for refuge after the general average occurrence.

2. General average losses are apportioned according to item 1 of this Article even though the common peril which has given rise to the extraordinary sacrifice or expenditure has been due to the fault of any party to the general average or a third party.

3. Apportionment of general average losses is also carried out even where the sacrifice has involved the vessel or the whole cargo but not brought about the intended result.

4. The apportionment of general average losses does not deprive any party in the general average from the right to recourse against the party through whose fault the loss has arisen.

Article 189

Any loss of or damage to the cargo loaded on board without the permission of the shiponwer or wrongly declared as to its kind and value are not allowed as general average; however, such cargo, if saved from the peril, contributes to general average in accordance with general principles.

Article 190

Any damages to or losses of the vessel, the cargo or the freight which are not allowed as general average are particular averages. They are borne by the suffering party unless he proves that the other party is responsible for their occurrence.

Article 191

1. Establishing whether there is a general average, the assessment of the amount of general average losses and also their apportioned is carried out by the average adjusters on the order of the shipowner.

2. The order should be given by the shipowner to the average adjuster immediately, but not later than within thirty days after the date when the vessel have entered the place for refuge after the general average occurrence. In the event of delay on the part of the shipowner, any party involved in the general average has the right to appoint the average adjuster.

3. Principles applying for a detailed adjustment of the loss value and contribution value are agreed by parties. In the absence of the agreement of parties, the average adjuster shall carry out according to international customs.

Article 192

Any claim arising from the general average is barred at the expiration of two years from the date of the general average occurrence. The operation of time limit is interrupted by the commencement of adjustment proceedings. The time limit continues to operate anew from the date of the termination of such proceedings.

Article 193

The Council of Ministers shall promulgate a Statute on average adjusters.