i-law

Maritime Law and Practice in China


Page 145

CHAPTER 13

General average

General average

13.1 General average in the CMC 1992 means the extraordinary sacrifice or expenditure intentionally and reasonably made or incurred for common safety and for the purpose of preserving a ship, goods or other property involved in a common maritime adventure from peril.1 The provisions regarding the general average in the CMC 1992 apply to coastal and inland water carriage of goods, provided that the ships for those carriages are “ships” as defined under the CMC 1992.2 A “ship” in the CMC 1992 refers to sea-going ships and other mobile units, but does not include ships or crafts used for military or public service purposes, nor small ships of less than 20 tons gross tonnage.3 According to the Contract Law,4 the entitlement of general average can be transferred to a third party if such a transfer has been notified to the debtor of the general average.5

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.