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The York-Antwerp Rules 140 years on

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Kaminski Z.
Prawo Morskie
|
2006
|
vol. 22
167-181
EN
Participation in loss or damage by sacrifice stems from either custom or legal regulations. This obligation can also be limited by agreement between parties. The instrument for modifying the range of loss or damage by sacrifice is the set of principles in the York-Antwerp Rules. The York-Antwerp Rules are currently the oldest maritime trade institution in such common practical use. The definition of loss or damage by sacrifice comes from the rules accepted in 1924 which originated from British regulations on maritime insurance dating from 1906. In Polish maritime code, the term 'loss or damage by sacrifice' describes only a certain type of damage, independent of the means it was inflicted. Norwegian maritime code is a good example of a rational attitude towards this issue; article 211 of this code refers directly to the York-Antwerp Rules. In terms of legislative techniques, the York-Antwerp Rules are not perfect. The terms of dispatch and the role of the dispatcher, which are closely related to the loss and damage by sacrifice, are rather incidental in the York-Antwerp Rules and are on the margins of issues regarding the effectivity of settlement
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