A importância do instituto da avaria grossa nos acidentes marítimos

• Autor(a) principal: Fernandes, Isabella Reis de Brito
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/147979
• topic: Avaria grossa; Avarias; Regras de York-Antuérpia; Acidentes marítimos; Aventuras marítimas; Direito marítimo; Legislação; Uniformização; Direito

Maritime transport has long been used by societies and has a great impact on economic development. With the increase in exports through the sea routes, the carrier has a responsibility to ensure that the goods will arrive at their destination as the same condition in which they were received. Thus, as the sea holds dangers that cannot always be prevented, the average institute arises, which are extraordinary expenses or damages that occur during the maritime adventure, which may result in damages to individuals or anyone who involved in the maritime expedition. Most of time, those involved are parties from different countries, having their own laws and practices, as well as having different criteria for resolving issues related to average. Regarding this, the York-Antwerp Rules were created in order to standardize the legislation and facilitate relations between the countries. Besides that, this work aims to highlight the importance of standardizing the general average institute over the countries, due to the constant international trade growth. It will be shown how the general average institute emerged and how it has developed over the years, as well as the updates of the York-Antwerp Rules between 1850 and 2016. Brazil, in turn, is not a consignee of international maritime conventions. Therefore, through the analysis of Canadian and Spanish legislation, the necessary updating and standardization of the Brazilian law regarding general average will be demonstrated, aiming to increase the possibilities of to agree between parties on the general average issue in a broadly way, as well as to avoid legislative contradictions in line with the York-Antwerp Rules.