NEWSLETTER-2019-metin

73 COMMERCIAL LAW erages. Unless an exception is provided for, the general principles set out in the lettered rule shall also apply to numbered rules. 2 The Rule of Interpretation and Rule of Paramount have been set forth in the preamble of the York Antwerp Rules. In accordance with the Rule of Interpretation, in the adjustment of general averages, the lettered and numbered Rules shall be applied irrespective of any law or practice inconsistent therewith. Except as provided by the Rule Par- amount and the numbered Rules, general averages shall be adjusted according to the lettered Rules. In this respect, when the parties decide on the implementation of the York Antwerp Rules, it is accepted that these rules shall supersede national laws. As per the Rule Paramount, in no case shall there be any allow- ance for sacrifice or expenditure unless reasonably made or incurred. Conditions of General Average There is a general average act when; (i) a ship is partially or fully loaded; (ii) the ship and the cargo have encountered a common peril; (iii) any extraordinary sacrifice or expenditure is made for the purpose of preservation from the peril; (iv) the sacrifice is reasonable and made voluntarily, and (v) the sacrifice results in a beneficial outcome; in other words, the ship or the cargo result in being partially or com- pletely preserved 3 . The sharing of expenditures in the general average system is made between the parties who benefit from the rescue of the ship and the cargo. Major General Average Types • Jettison of Cargo The cases of jettisoned cargo in order to eliminate a common peril shall be allowed as a general average. Loss of or damage to the property by water which enters a ship’s hatches that have been opened, or other opening has been made for the purpose of making a jettison for common safety, shall be allowed as a general average. On the other 2 Kender / Çetingil / Yazıcıoğlu, p. 244. 3 Kender / Çetingil / Yazıcıoğlu, p. 243.