Bendrosios avarijos reglamentavimas tarptautinėje ir nacionalinėse teisėse

Abstract

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. General average sacrifices and expenditures shall be borne by the different contributing interest on the basis hereinafter provided. Where there is a general average loss, the party on whom it falls is antitled, subject to the conditions imposed by maritime law, to a rateable contribution from the other parties interested, and such contribution is called a general average contribution. Subject to any express provision in the policy, where the assured has incurred a general average expenditure, he may recover from tje insurer in respect of the proportion of the loss which falls upon him; and, in the case of a general average sacrifice, he may recover from the insurer in respect of whole loss without having enforced his right of contribution from the other parties liable to contribute.