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CHAPTER 13 General average

Maritime Law and Practice in China

Page 145


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

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