28 Nov General Average
In the event of an abnormal danger faced by the ship and cargo on the voyage, the joint average refers to the sharing of damages and expenses incurred as a result of the sacrifice made to save the ship and cargo from the danger in question.
The concept of joint average is regulated in the fifth part of the Turkish Commercial Code called “maritime accidents” and in the first part called ”Joint average” in articles 1272 and its continuation. The definition of the common average concept was made in the text of the relevant article as follows; ”A common sea, which is thrown over the ship, its cargo, freight and other goods together in order to create a reasonable action to protect them from a threatening danger, and even to bear an extraordinary sacrifice made, or extraordinary expenses “in general average movement” and this movement is considered to have damages and expenses which are the direct result of general average is considered.”
In Article 1273 of the aforementioned law, the provisions to be applied to the common idler were determined.
In accordance with the last paragraph of Article 1272 of the law, damages and expenses incurred; the provisions shown shall be divided between the ship, cargo, freight and other goods. In this sense, the process of allocating damages and expenses that are considered common average among ships, cargo, freight and other goods is called ”dispech”. The concept of dispech is regulated in the articles of the Turkish Commercial Code 1283 and its continuation. Calculations related to the sharing in question are determined by a document called the ”dispec report”.
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