THE ROLE OF PERIL IN GENERAL AVERAGE

Document Type : Research Paper

Authors

1 Assistant Professor,Private and Islamic Law Department University of Tehran

2 PH.D in Private Law from Tehran University

Abstract

One of the important subjects with regard to general average is the demand for compensation. The substantial question is whether the basis for the permissibility of demand for compensation on the part of the damage sufferer is the incur of peril during a voyage or not? According to the legal systems under the present study (England, France, Iran and York-Antwerp rules), this research reveals that the demand for compensation is mainly based on the presence of peril except for special cases where the presence of peril is not essential.
 

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