General damage is borne by the ship, freight and cargo, assessed in accordance with the provisions below.
The ship contributes in proportion to its value at the port where the shipment ends, increased if necessary by the amount of the sacrifices it has undergone. Gross freight and the price of passage not acquired by any event contribute two-thirds.
Goods saved from sacrifice contribute in proportion to their actual or presumed market value at the port of discharge.
The amount of damages and losses to be admitted as general average is determined for the ship at the port where shipment ends.
It is equal to the cost of repairs consecutive to the sacrifices suffered:
– actual cost if carried out;
– estimated cost if not already done.
The amount of damage or loss to be admitted as general damage is determined for the goods at the port of landing. It is equal to the cost of sacrifices made, calculated on the basis of the market value of the goods in sound condition at the same port.
Goods which have been declared at a lower value than their actual value contribute in proportion to their actual value, but their loss or damage does not give rise to classification as general damage only in proportion to the declared value.
Goods for which no bill of lading or other document proving the contract of carriage has been drawn up are not accepted as general average if they are sacrificed. They will nevertheless contribute if they are saved.
The same applies to goods loaded on deck, except in regional cabotage where they are treated as bilge goods.
In the event of goods irregularly loaded on deck within the meaning of article 403 being thrown overboard, the value of the goods thrown overboard is not accepted as general average.
Crew and passenger effects and luggage for which there is no bill of lading or other document proving the contract of carriage, as well as postal items of any kind, are exempt from contributions if they have been saved; they participate in the distribution if they have been sacrificed under the conditions of articles 205 and following.
The distribution is done on a “marc-le-franc” basis.
In the event of the insolvency of one of the taxpayers, his share is divided among the others in proportion to their interests. The value of his contribution is for each interested party the limit of his obligation.
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