| Summary: | 碩士 === 長榮大學 === 航運管理研究所 === 95 === Because of the environmental changed of the international shipping industry, general average has been existing common safety and common benefit two concepts, they were answered on York-Antwerp Rules, and the rules also replaced more just as reappeared 1990, 1994 and rules 2004. For example the York-Antwerp Rules 1990 was requested amendment salvage remuneration by International Convention on Salvage 1989, and the York-Antwerp Rules 1994 amended rule paramount, tug and tow etc in order to simplify the course of adjusting. The York-Antwerp Rules 2004 mainly deleted General Average expenses partly for reduction adjustment range. But the maritime law of R.O.C. was consulted York-Antwerp Rules 1974 to amend the general average chapter in 1999. Thus, the maritime law of R.O.C. was still unable to cooperate with the international trend to revise in good time.
This study compares with York-Antwerp Rules 1990, 1994, 2004 amendments and general average chapter of the R.O.C. maritime law. This study finds that the tug and tow, non-separation agreement, salvage charges and temporary repairs which are not found as a regulation in the maritime law of R.O.C. Meanwhile, the time bar for general average contributions, provision of funds and interest on losses allowed in general average are different from the York-Antwerp Rules.
This study addresses general average chapter of the R.O.C. maritime law to York-Antwerp Rules and suggests the direction of amendment of maritime law in order to follow international practices. When general average cases happen in R.O.C, it has the same reference.
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