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General average in Polish maritime law

Szymankiewicz Dariusz

Zeszyty Naukowe Akademii Morskiej w Szczecinie

2019

nr 58 (130)

123--127

The law of general average is one of the oldest institutions in maritime law, which is still applicable in contemporary shipping. Although the role and function of general average have naturally changed throughout centuries of its history (the main reasons therefor being the popularization of maritime insurance, which evolved much later than the general average) and general average has been and is subject to criticism pointing to its anachronistic nature and redundancy in today’s maritime economic realities. However practice shows that general average continues to resist these accusations and is commonly used in the practice of maritime commercial trade. This article deals with the issue of general average in light of Polish maritime law regulations, the essence and specificity of these legislative solutions concerning the safety of shipping in Poland, and also gives examples of events that occurred at sea that permit the announcement of an act of the general average. This article also presents considerations with regard to arguments in favour of maintaining the institution of general average as a legal instrument used in shipping, as well as critical voices emphasizing the need to eliminate general average as an institution of maritime law aimed at distributing losses, incurred to avoid a common peril, to the participants of a maritime adventure.