碩士 / 國立臺灣海洋大學 / 航運管理學系 / 99 / Abstract
By comparing the differences between York-Antwerp Rules 2004 (YAR 2004) and General Average Laws in Taiwan, this thesis aims to provide suggestions for modifying Taiwan’s General Average Laws. It discusses the articles of YAR 2004 and relevant provisions of Taiwan’s Maritime Law. This thesis explains the definition, conditions, the basic general average contribution rules, the scope of general average in two types: sacrifice of general average and general average expense, as well as the exceptional situations for concluding a general average. It also explores those rules for calculating the sacrifice of general average and preserved goods, including ship and cargos, the principle of contributory calculations, and any other relevant rules including time bar, general average bond, etc. Based on the comparison of YAR 2004 and Taiwan’s Maritime Law, those differences found may show the needs for modifying prevailing Taiwan’s law or practices. Based on this, this thesis tries to provide certain suggestions or directions as to how to review and modify Taiwan’s Maritime Law based on YAR 2004, in order to comply with international legislative trended.
Keywords: General Average, Maritime Law, 2004 York-Antwerp Rules, General Average contribution.
| Identifer | oai:union.ndltd.org:TW/099NTOU5301068 |
| Date | January 2011 |
| Creators | Ti-Chih, Li, 李媞芝 |
| Contributors | Chih-Ching Chang, 張志清 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 128 |
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