claim for general average

简明释义

共同海损索赔

英英释义

A claim for general average refers to a demand for compensation made by a shipowner or cargo owner for losses incurred during a maritime voyage, where certain sacrifices were made to save the ship and its cargo from a common peril.

一般平均损失索赔是指船东或货物所有者提出的赔偿要求,因在海上航行过程中为了拯救船只及其货物免受共同危险而作出的某些牺牲所产生的损失。

例句

1.A detailed report was prepared to support the claim for general average filed with the maritime court.

一份详细报告被准备好,以支持向海事法庭提交的共同海损索赔

2.After the ship encountered a storm, the captain filed a claim for general average to recover the costs of the cargo that was jettisoned.

在船只遇到暴风雨后,船长提交了一份共同海损索赔,以追回抛弃货物的费用。

3.The shipowner notified the cargo owners about the claim for general average following the incident at sea.

船东在海上事故后通知货主有关共同海损索赔的事宜。

4.The insurance company reviewed the claim for general average submitted by the shipping company due to the damaged cargo.

保险公司审查了航运公司因货物受损而提交的共同海损索赔

5.As per maritime law, all parties involved must contribute to the claim for general average if the cargo was sacrificed to save the ship.

根据海事法,所有相关方必须为救船而牺牲货物的共同海损索赔做出贡献。

作文

In the world of maritime law, the term claim for general average refers to a principle that allows shipowners and cargo owners to share the costs of losses incurred during a voyage. This principle is rooted in the idea of collective responsibility and mutual benefit among parties involved in maritime transport. When an unforeseen event occurs, such as a storm or a fire on board, the captain may take drastic measures to save the ship and its cargo, which can lead to partial losses. In such situations, the claim for general average comes into play, ensuring that all parties contribute to the expenses associated with these sacrifices.To illustrate this concept, let us consider a hypothetical scenario. Imagine a cargo ship sailing across the Atlantic Ocean when it encounters a severe storm. To prevent the ship from capsizing, the captain decides to jettison some cargo overboard. Although this decision saves the vessel and the remaining cargo, it results in a significant loss of goods. In this case, the owners of the jettisoned cargo can file a claim for general average against the remaining cargo owners and the shipowner. This claim ensures that the financial burden of the loss is shared equitably among all parties involved in the maritime venture.The process of filing a claim for general average typically involves several steps. First, the shipowner must declare a general average situation, which requires a thorough investigation to determine the extent of the loss and the actions taken to mitigate it. Once the declaration is made, a general average adjuster is appointed to assess the situation and calculate the contributions required from each party. This professional evaluates the value of the sacrificed cargo and the remaining cargo to establish a fair distribution of costs.It is essential for cargo owners to understand their rights and responsibilities regarding claim for general average. If they fail to provide accurate information about the value of their cargo or refuse to cooperate with the adjuster, they may face difficulties in recovering their losses. Additionally, insurance policies often include clauses related to general average, so it is crucial for cargo owners to review their coverage to ensure they are protected in the event of a maritime incident.The principle of claim for general average promotes fairness and cooperation among shipowners and cargo owners. It encourages all parties to act responsibly and make decisions that prioritize the safety of the vessel and its cargo. Without this principle, the financial burden of maritime accidents would disproportionately fall on a single party, leading to disputes and potential insolvencies.In conclusion, understanding the concept of claim for general average is vital for anyone involved in maritime trade. This principle not only facilitates the equitable sharing of losses but also fosters a spirit of collaboration among stakeholders in the shipping industry. By recognizing the importance of collective responsibility, shipowners and cargo owners can navigate the complexities of maritime law more effectively, ensuring smoother operations and minimizing disputes in the face of adversity.

在海事法的世界中,术语一般平均损失索赔指的是一种原则,允许船东和货物所有者共同承担在航行中发生的损失费用。这个原则根植于集体责任和相互利益的理念之中。当发生不可预见的事件时,比如风暴或船上火灾,船长可能会采取激烈的措施来拯救船只及其货物,这可能导致部分损失。在这种情况下,一般平均损失索赔便应运而生,确保所有相关方共同承担与这些牺牲相关的费用。为了说明这一概念,让我们考虑一个假设的场景。想象一艘货船正在大西洋上航行,遇到了一场严重的风暴。为了防止船只倾覆,船长决定抛弃一些货物。尽管这个决定拯救了船只和剩余的货物,但也造成了大量货物的损失。在这种情况下,被抛弃货物的所有者可以向剩余货物的所有者和船东提出一般平均损失索赔。该索赔确保所有参与海事运输的各方公平地分担损失的经济负担。提交一般平均损失索赔的过程通常涉及几个步骤。首先,船东必须宣布一般平均损失情况,这需要进行彻底调查以确定损失的程度和减轻损失所采取的措施。一旦作出声明,就会指定一名一般平均损失评估师来评估情况并计算每方所需的贡献。这位专业人士评估被牺牲货物和剩余货物的价值,以建立合理的成本分配。货物所有者了解他们关于一般平均损失索赔的权利和责任至关重要。如果他们未能提供有关货物价值的准确信息或拒绝配合评估师,他们可能会在追回损失方面面临困难。此外,保险政策通常包括与一般平均损失相关的条款,因此货物所有者审查其保险范围以确保在海事事故发生时受到保护是至关重要的。一般平均损失索赔的原则促进了船东和货物所有者之间的公平与合作。它鼓励所有各方采取负责任的行动,并做出优先考虑船只及其货物安全的决策。如果没有这一原则,海事事故的经济负担将不成比例地落在单一方身上,导致争议和潜在的破产。总之,理解一般平均损失索赔的概念对于任何参与海事贸易的人来说都是至关重要的。这一原则不仅促进了损失的公平分担,而且在航运业的利益相关者之间培养了合作的精神。通过认识到集体责任的重要性,船东和货物所有者可以更有效地应对海事法的复杂性,确保更顺利的操作,并在逆境中最大限度地减少争议。