The Institute of General Average in Private International Maritime Law

The aim of this thesis is the consideration of conflict of laws in jurisprudence,the disputed norms of the current legislation,the search for solutions to issues connected with productive work of the General average institute. The thesis consists of introduction,three chapters,five paragraphs,conclusion,bibliographic list and appendix.In Chapter I the author analyzes the formation of the concept general average losses.Also in this Chapter the author makes a review of the YAR 2016 changes.In Chapter II examines the key differences between the General average from Particular average and devoted to the analysis of the principles.In Chapter III the author accentuate attention on the object of study by considering the interaction between the parties to the General average,the procedural aspects. On the basis of the analysis,the following conclusions are formulated: firstly,the principle of reasonableness requires more attention on the basis that it is inherently exclusive criterion for the definition of General average and requires more detailed consideration similar principle of economic feasibility,which is a reflection of the principle of reasonableness; secondly,the author has identified the reasons for the neglect of the YAR 2004,and analyzed the changes in the text of 2016,which negate the reasons;thirdly,the change of course from a priority General security to the priority of mutual benefit is moving from doctrinal questions to practical reality. The analysis allows the author to identify the following concerns in the three time points of the Declaration of General average-the time of occurrence of the cause,the time of Declaration of General average,and the moment of liquidation of consequences:the first concern,the complexity of differentiation of the total accidents and private accidents in practice;the second concern,the conflict of the governing rules;the third concern,the interest of the parties is not to pursue just compensation for actual damages.