نوع مقاله : علمی - ترویجی
دانشجوی دوره دکترای حقوق خصوصی دانشگاه تربیت مدرس
عنوان مقاله [English]
Although, the rule of General Average, which is in the among of the most famous and important rules of marine law & practices, is not unknown in Iran, but due to the essential lack of Iranian statute law in this regard, it has never been studied, discussed and/or searched as the subject of academic researches. Also, the courts practices are silent and there is not any precedent established in this regard. Furthermore, concerned limited provisions incorporated in Iranian Marine Code 1967 have been practically abandoned. So, it is of great importance and prompt necessity to pass local provisions and enrich the statute law in this regard. In this article, considering the lack and absence of local statute law in respect of General Average, and consequently, absence and lack of practices, Iranian legal principles, rules and bases have been reviewed. The conclusion is that, till passing of such special code and provisions governing the General Average matters, all legal disputes in this regard could be settled according to the rule of "Administration of property belonged to others" enacted by Iranian Civil Code, Article No: 306.