The Analysis on General Average Law System
|School||Harbin Engineering University|
|Keywords||General average Litigant error Common average adjustment The general average shares|
General average is a kind of special and independent civil legal institution in the maritime law.This is a important position between to share risk in the marine transport and balance interest in the the ship and the creditor. Beginning with the concept of the General average in this essay, to the essential theory of General average legal system gave a systemic explaination.General average’s adjustinsurance and sharing is critical issue in this institution. After signning the General average back letter, the cargo insurer have became General average obligor to share; And carrier have a right to ask for share the General average in the condition of the trespass is not ascertained is given a especial expoundation in this essay. In the meantime, making a relative systemic institutional definition to trespass issue about party in the foundation of disquisitive theory in this area.To the argument between those who advocate General average legal institutionand those who oppose to it, the issue has always been the focus of insider ’s contention. Whose oppose to it think of that the every country have difference from the national law about General average legal institution, the higher expenses and complex procedure and elapsed time in adjustinsurance, and the development of insurance in the sea, the General average legal institution have not been necessary to exist. However, we should be seeing that the risk in the sea is unavoidable even though the development of international seafaring at the present. The General average legal institution may reduce to share the risk of marine carrier; moreover, the promulgatation of 2004 York Rule add the carrier’s responsibilities and obligations in a certain extent. The General average legal institution is still have values to exist when the carrier’s responsibility is increasingly lessen.The General average legal institution have some peoblems at the present, the effect to put into effect is not perfect. The General average adjustinsurance have to spend some time, and it is very complex, and its efficiency is lower, and its cost higher, and its risk bigger, and it is not balance between with insurance on hull and the development institution of General average and so on, facing those prblems, we must adopt the beneficial measure to turn around this situation. By means of simplifying the General average adjustinsurance, and confirming the adjustinsurance scope, and clearing and definiting time limit of puting to the proof and so on. On the foundation of the theory reaserch, to perfect The General average legal institution of our country ulteriorly in practice in the demand of internationalization of law and globalization of law.