A Study on General Average Claim of Marine Insurance Law and Insurance Policy

• Main Authors: HUANG, HSINLIEN, 黃心蓮
• Other Authors: 曾文瑞
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/mu52ed

碩士 === 國立高雄科技大學 === 航運管理系 === 107 === General average has been an ancient contribute systems, which is for a loss incurred during maritime adventure, towards which the whole concern is bound to contribute proportionally, because it was for the purpose of the common safety and preservation. York-Antwerp Rules is the rule that made in order to unify the general average. It is revised from The Glasgow Resolutions 1860 for several times with the type of the ocean transportations and the vicissitudes of trade usage. The newest revision is called as York-Antwerp Rules passed in the 42th Meeting of International Maritime Committee in 2016. Since the advent of marine insurance, general Average losses has covered by most marine insurance policy. This study focuses on general average claim of marine insurance law and insurance policy, then compares with Marine Insurance Act 1906, marine insurance chapter of the Taiwan Maritime Act and the 2017 draft amendments in Taiwan Maritime Act studied by Taiwan Maritime Law Association. Finally, this study discusses the general average clause of cargo insurance, hull insurance and P&I insurance, and give some the recommendations of the provisions of the future marine insurance chapter in the Taiwan Maritime Act.