以Ever Given轮堵船事件论共同海损的成立

A Study on the Establishment of General Average Based on the Incident of"Ever Given"

Ever Given轮在苏伊士运河搁浅后,船东宣布了共同海损。类似该轮等大型船舶倾斜座浅在运河航道,形式上是否基本满足“同一海上航次中船货遭遇共同危险”这一共同海损构成要件是一种事实判断。共同海损实质上的成立基础最终与海上运输中有关方责任义务的规定相关联并受其制约。因此本案中事故的真实原因至关重要,承运人有无不可免责的过失将在法律上最终决定共同海损能否成立。

After the vessel“Ever Given”ran aground in the Suez Canal,the owner announced general average.It is a factual judgment whether large vessels such as this ship incline and sit shallow in the canal channel,and whether they basically meet the constitutive requirements of the common danger of the ship and cargo in the same voyage.The substantial foundation of general average is ultimately related to and restricted by the provisions of the liability and obligation of the parties concerned in maritime transportation.Therefore,the real cause of the accident in this case is very important.Whether the carrier has the fault that can not be exempted will ultimately determine the establishment of general average in law.