*** the same sea loss refers to the same sea voyage, when the ship, goods and other property encountered **** the same danger, in order to **** the same safety, intentionally and reasonably take measures to directly cause the special sacrifice, pay the special expenses, by the beneficiary parties proportionate share of the legal system. Only those losses which really belong to *** same sea loss are apportioned among the beneficiary parties, therefore the establishment of *** same sea loss should have certain conditions, namely, the peril at sea must be *** same and real; the measures of *** same sea loss must be intentional, reasonable and effective; and the losses of *** same sea loss must be special and unusual and directly caused by the measures of *** same sea loss. The manifestations of *** same sea loss are *** same sea loss sacrifice and *** same sea loss expense, *** same sea loss sacrifice includes abandonment of cargo, damage to the ship caused by cargo damage to extinguish a fire on board the ship, damage caused by cutting away salvage, damage caused by intentional stranding, damage to machinery and boilers, cargo used as fuel, ship's materials and supplies, and damage caused in the course of unloading the cargo. ***Costs of loss of life at sea include remuneration for salvage, cost of reducing the load of a stranded ship and damage sustained as a result thereof, cost of port of refuge, wages and other expenses paid to the crew of the ship to and at the port of refuge, etc., cost of repairs, cost of substitution, advances on handling charges and insurance premiums, and interest on loss of life at sea, ***.
Determination of the Amount of *** Same as Sea Loss Sacrifice for Ship, Cargo and Freight:
I. Determination of the Amount of *** Same as Sea Loss for Ship:
1. Calculated on the basis of the actual repairs paid minus a reasonable deduction for new for old;
2. The ship has not yet been repaired, calculated on the basis of a reasonable depreciation of the value of the ship caused by the sacrifice, which shall not exceed the estimated cost of repairs
3. If the ship has suffered an actual total loss or the cost of repairs exceeds the value of the ship after repair, the amount of sacrifice for *** same sea loss shall be calculated on the basis of the estimated value of the ship in an intact state, less the estimated cost of repairs which is not *** same sea loss and the balance of the value of the ship after damage.
II. Determination of the amount of the sacrifice of the goods *** with the sea loss:
1, the loss of goods, according to the value of the goods at the time of loading, plus insurance premiums, plus freight, minus the freight costs that do not need to be paid due to the sacrifice;
2, the goods are damaged, the damage has not yet reached an agreement on the extent of sale of the goods, according to the value of the goods at the time of loading, plus insurance, freight, and the net proceeds from the sale of the goods. The difference between the value of the goods at the time of shipment, plus insurance and freight, and the net proceeds from the sale of the goods.
3. Determination of the amount of freight *** with the sacrifice of the sea loss:
Calculated on the basis of the amount of loss of freight caused by the sacrifice of the goods, less the operating expenses payable to obtain the freight but not required to be paid as a result of the sacrifice.
***The same sea loss shall be reasonably apportioned among the beneficiaries in proportion to the parties.
I. The apportionment of a ship's loss due to *** same sea loss shall be calculated on the basis of the intact value of the ship at the termination of the voyage, less the amount of the loss which is not *** same sea loss, or on the basis of the actual value of the ship at the termination of the voyage plus the amount of the loss due to *** same sea loss or on the basis of the actual value of the ship at the termination of the voyage plus the amount of the sacrifice due to *** same sea loss;
II, The apportionment of ****same sea loss of goods shall be calculated on the basis of the value of the goods at the time of loading on board the ship plus insurance premiums, less the amount of loss not ****same sea loss and the freight charges for which the carrier has assumed the risk; if the goods have been sold at the port of arrival at the port of destination, they shall be calculated on the basis of the net proceeds of the sale plus the amount of the sacrifice of the ****same sea loss (the apportionment of ****same sea loss of passenger's baggage and personal effects shall not be computed);
Three. The apportionment of ***Same Sea Loss shall be calculated on the basis of the freight which the Carrier has assumed at its risk and which it is entitled to recover at the termination of the voyage, less the amount of the operating expenses paid for the completion of the voyage to obtain that freight after the occurrence of the ***Same Sea Loss Incident plus the amount of the ***Same Sea Loss Sacrifice.
***Same Sea Loss general average
Means an extraordinary sacrifice or expense intentionally and reasonably made or paid in order to avert ***Same Hazard to the ship or the cargo on board. The loss of *** same sea damage shall be borne by the ship, cargo (including different owners) parties *** together. Measures taken to **** the same sea damage is called **** the same sea damage behavior. This kind of behavior, such as lead seawater into the cabin, will be carried into the sea, automatic grounding, etc., in normal navigation are not allowed; but in the shipwreck, in order to extinguish the fire and lead seawater into the cabin, in order to alleviate the ship's load will be thrown into the sea in whole or in part of the goods, or in order to carry out the ship's emergency repairs and automatically stranded, and so on, are lawful. Because of *** same sea damage behavior to deal with *** same sea damage loss, accounting for *** same sea damage costs, called *** same sea damage accounting. The report prepared to deal with the cost of the ****same sea loss is called the ****same sea loss settlement.
*** with the elements of sea loss, including: ① ship in navigation will be dangerous or have suffered a shipwreck, the situation is urgent, the captain must take measures to maintain the safety of the ship and cargo. ② shipwreck and danger must be real rather than speculation. (iii) *** with the act of sea damage must be man-made, intentional. ④ Losses and expenses must be extraordinary. For example, if a ship sails against a strong wind and the machinery is damaged by exceeding the load, it is not *** same as sea loss; whereas if the ship has run aground and the machinery is damaged by exceeding the load in order to get out of the shallows, it is *** same as sea loss. ⑤ The act of ****similarity of sea loss taken must be reasonable. (vi) For the sake of the safety of the *** same and not the ship or a particular owner's goods alone. (vii) belong to the *** with the loss of sea damage consequences directly caused by the loss. For example, the introduction of seawater fire, where there are burn marks and other goods and then be damaged by sea water is not *** with the loss of marine damage, the original intact and damaged by sea water loss of goods should be counted *** with the loss of marine damage. ⑧ * * * * with the act of sea damage in principle should be commanded by the captain, but in unexpected circumstances, such as the captain is seriously ill, captured, by other people or even the enemy captain command, in line with the above seven conditions, is also counted * * * with the loss of the sea.
The York-Antwerp Rules The York-Antwerp Rules were formulated in 1890, and were named because they were discussed and formulated successively in York, England, and Antwerp, Belgium. It is a civil *** same sea loss rules developed by merchants from a number of European countries, which are common throughout the world. It has been revised three times, in 1924, 1950 and 1974. After each revision, it was announced that the old rules were not completely abolished, and now the provisions of 1890, 1924, 1950 and 1974 coexist. Ship and cargo through the agreement of both parties can be arbitrary choice. Therefore, the bill of lading and the contract must indicate the year of the adopted accounting rules.
History *** with the sea loss system originated in the Aegean culture. Ancient Greece, the southern tip of the Aegean Sea in the middle of the islands, merchant ships to and from frequently. Initially, the ship, the goods for a person owned, and later gave rise to acceptance of the carrier business. When there is a navigational hazard, abandon a part of the carrier goods, to reduce the ship load, to avoid the ship and cargo all capsized, and then *** with the loss of marine damage, at that time has formed a habit. Roman law began to have written provisions, initially seen in the Twelve Copper Table Law. Later European countries cited, the formation of their own laws. Among them are the Baltic "Visby Collection of Laws", the Netherlands "Amsterdam Law", Belgium "Flemish Law", Italy "Genoa Law", Spain "Catalonia Law" and so on.
With the expansion of trade areas to the west coast of Africa, merchants trade more lucrative, the risk borne by the corresponding increase. Some merchants have insufficient funds, in the city of Lombardy, northern Italy, the rise of maritime trade loans, according to the above, agreed to double the return of profits to pay back the capital, the sea suffered an accident, then not pay back the pennies. This kind of loan was later spread to England, and negotiated in the London coffee house. At that time, Lloyd's Café was the most reputable. The repayment of loans, overseas operations, and encounters along the way were all stated by the merchants in the café, and recorded in a book by Lloyd's Café. Among them, there was a record of the sacrifices made for everyone's safety to be compensated by everyone **** together. The Practical Rules published by the Institute of Adjusters of the United Kingdom at that time were formed on the basis of this record **** the same sea loss adjustment rules. In order to be applied internationally, some countries of the European civil law system of merchants in the United Kingdom on the basis of the "Practical Rules", after many discussions, to make up for the shortcomings of the 1890 finally concluded the "York-Antwerp Rules".
1890 rules *** there are 18 articles. 1924 increased to 23 articles, and added 7 principles. 1950, 1974 are retained 7 principles, the provisions to 22 articles. Each of the 18 provisions of the York-Antwerp Rules of 1890 is a factual record. Since 1924, when 7 principles were added, the remaining provisions have remained factual. As a general rule, in the application of each rule, where there is a provision of principle, it should be determined that the provision of principle is complied with before the provisions of fact are invoked for the purpose of dealing with it.
The Magee Agreement In 1928, there was the case of Magee v. Insurance Company. In that case, the ship Magee loaded cargo in the port of Bordeaux, France, and sailed to the port of Cardiff, England. Before sailing, the foremast was broken and the ship was unloaded and repaired once. After sailing, the hull of the ship was damaged by a collision with a wreck, and was unloaded and repaired once more in the port of Cherbourg. The vessel claimed from the insurer for the separate loss of the two repairs, as well as for the special expenses incurred during the two discharges, the reloading and the stoppage for repairs, such as the crew's wages and meals. The ship argued that the latter was a separate loss of marine life to be borne by both the ship and the cargo * * *. The insurer did not agree to compensate for the special expenses incurred prior to sailing on the ground that there was no * * * peril at that time and that the ship's claim was not in accordance with the principles of the York-Antwerp Rules. As the English court heard the case in accordance with the rules of the rules to quote the principle before quoting the provisions, the judgment was against the ship. This judgment caused great dissatisfaction among merchants of various countries. They assembled to agree that when a similar case occurred again, the provisions should be invoked first in accordance with the traditional solution, instead of dealing with it in accordance with the Magee case. This agreement is known as the "Magee Agreement". The said Council also notified this agreement to the adjusters of various countries, stating that where the terms of the bill of lading or charterparty contain provisions for the application of the York-Antwerp Rules of 1924, the Markey Agreement shall apply.
The Beijing Adjustment Rules, published on January 1, 1975, are the China Council for the Promotion of International Trade (CCPIT) Rules for the Adjustment of Sea Losses. ***There are 8 articles in the Rules, which clearly stipulate the scope of ****same sea loss, the principle of ****same sea loss settlement, the calculation of the amount of ****same sea loss loss, the apportionment of ****same sea loss, the benefits and charges, the guarantee of ****same sea loss, and the time limit of ****same sea loss. Article 8 of the Rules also states that "in order to reduce the burden on all parties concerned and to improve efficiency, ****shared loss adjustments should be simplified as far as possible", and that "the statement of adjustments should also be concise and easy to implement".