试论期租合同项下的共同海损分摊

On the contribution of General Average under time lease contract

船舶在期租状态下发生共同海损通常涉及多个当事方,本文通过对一个存在争议的案例进行剖析,使读者能够更加清晰地了解共同海损的分摊问题。共同海损(GENERALAVERAGE,简称G.A.)这一名词自1799年在英国某次判案中被法庭首次使用以来,就以不同的章节形式出现在各国海商法中。本文将要分析的这个案例之所以特殊,是因为它发生在船舶期租租出期间,同时涉及转载运输。

The General Average(G.A.) contribution of a ship under time charter involves many parties, which makes it more complicated. In order to clarify the General Average contribution in the period rent status, this paper makes an indepth analysis of a controversial case to reach the conclusion of which expenses can be put into the General Average contribution. The General Average has appeared in various sections of the maritime laws of each country since it was first used by a court in an unwritten English case in 1799. The case to be analyzed in this paper is special because it takes place during the period of time charter of the ship and involves transshipment.