The Research On General Average Clause Regarding Vessel In Ballast Of Hull Insurance

General Average Clause Regarding Vessel in Ballast is stipulated in the General Average(G.A.)and salvage clause of the Hull Insurance Clauses,the necessity embodies in the benefit for both insurer and insured.General Average Regarding Vessel in Ballast means that a vessel sailing in ballast in a situation when it has no other contributing interests and also meets the requirement of the elements of the General Average:"danger situation","intentional and reasonable act","extra expenses and successful act".The insurer regards these situation as "G.A." and apply to the adjustment rules of the G.A.for compensation.In this article,the author mainly uses the literature analysis,comparative analysis,the method by combining theory with practice and other methods to explore issue related to the provisions of the general average regarding vessel in ballast for more study in the system of analysis.Excluding preface and conclusion,this article is divided into four parts:In the first chapter,the author gets the concept of General Average Regarding Vessel in Ballast that it is a situation being regarded as General Average by comparing with General Average and describing the basic details of the clause.And the author illustrates the necessity of the existence and study of General Average Clause Regarding Vessel in Ballast by stating the necessity of the insurer and the insured,indicating the clause is the summary for customary and it is also a special kind of a mechanisms of risk reduction.In the second chapter,the author illustrates that the nature of this concept is agreeability insurance compensation by analyzing the provision of this clause in some different countries,such as the United States,the United Kingdom and China.In the United States,they think it is the real General Average.And in the United Kingdom,they think it is the agreed compensation.In the third chapter,the author states questions in dispute when General Average Regarding Vessel in Ballast identified.First of all,the obstacles root in the standard of accuracy of vessel in ballast and that distribution of evidential burden is not reasonable when concerning voyage of vessel in ballast.This article gets this viewpoint by analyzing the view of some different countries and the case of Taiwan Shipping CO.,LTD v.The People's Insurance Company(Group)of China Limited.Next,this article states the differences among General Average Regarding Vessel in Ballast,Salvage Charges and Sue&Labour Charges.In the forth chapter,the author presents its views on the adequacy of the general average clause regarding vessel in ballast through a series of summary analysis,firstly,the clause should be added an element that the vessel must "not under charter" and adding a situation when a vessel under charter in Preliminary Voyage;secondly,defining burden of proof when concerning voyage of vessel in ballast is necessary;thirdly,distinguishing General Average Regarding Vessel in Ballast from Salvage Charges and Sue&Labour Charges is to definite application condition of this clause.In short,General Average Clause Regarding Vessel in Ballast has its own rationality but should be improved.The author thinks that the promotion of the clause should benefit from the conditions of vessel in ballast,burden of proof when concerning voyage of vessel in ballast and distinguishing context in practice.