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CHAPTER 37 General Average and Salvage Security

York Antwerp Rules

Page 251


General Average and Salvage Security

General average security

37.01 The shipowner is responsible for the adjustment and collection of general average and, for this purpose, the common law confers upon him a possessory lien over the cargo in respect of the cargo’s contribution to general average. This possessory lien, which ceases once the shipowner delivers the goods, entitles the shipowner to withhold delivery of the cargo until his reasonable demands for security have been met. It is to be noted that the shipowner must exercise this lien, not only for his own benefit, but also for the benefit of any other interest who may have suffered a general average sacrifice or incurred general average expenditure and whose interests the shipowner has a duty to protect.

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