TITLE:
General Average Is a Necessity
AUTHORS:
Marcos Aurelio de Arruda
KEYWORDS:
General Average, York-Antwerp Rules, Common Benefit, Common Security
JOURNAL NAME:
Beijing Law Review,
Vol.13 No.2,
June
21,
2022
ABSTRACT: This article aims to expose how the general average has historically evolved in different countries, subject to the principles of mutual security and common benefit, and the requirements for an act to be considered general average under the York-Antwerp Rules. Through the literature review and jurisprudence on the subject, we seek to ratify that the general average is, so far, the best option for equitable distribution of unforeseen losses and damages that arise during a maritime adventure. However, one can criticize it for its cost, delay in solution, and lack of uniformity.