컨테이너선의 공동해손정산에 관한 연구

A Study on the General Average Adjustment of Containership

The purpose of this study aims to analyse the general average adjustment of containership. Under the YAR, and probably in other cases as well, the shipowner of containership is obliged to procure a written general average adjustment. It is usual, in practice for the master, before he delivers the goods, to take a bond from the merchant or guarantee or undertaking for payment of his portion of the average, when the same shall be adjusted. law the shipowner of containership is not bound to accept security in lieu of immediate payment; consequently if the shipowner demands immediate payment each consignee must pay the amount demanded by the shipowner, or at his own risk tender what he thinks is his proper proportion. In practice however, because the amount due from each interest cannot be ascertained until losses and contributory values been assessed and an adjustment prepared, immediate payment is never demanded, and the cargo is delivered against security. The circumstances in which a general average deposit may be required, as security for the general average contribution which will eventually be ascertained to be due. Whether the insurers under a typical marine insurance policy are under any legal obligation to reimburse to their insured the deposit paid by them is a question which has not been satisfactorily resolved.