chapter  13
6 Pages

General average

General average in the Chinese Maritime Code (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. According to the Contract Law, 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. This chapter discusses the scope of general average, general average in claim, and the amount of sacrifice and contribution. According to the principle of adjusting general average of the Beijing Rules, if the event giving rise to a claim submitted for adjustment as general average is due to the fault of one of the parties to the contract of carriage, for which he is not entitled to exemption from liability, no general average adjustment shall be proceeded with.