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Book 5 · Maritime trade  ›  Subchapter 3 · General average › Section 592

General average disbursements

(1) The amount of the average that a party to the adventure may claim for the voluntary sacrifice or physical damage of any property attributable to said party pursuant to section 588 (2), as well as the amount of the contribution that a party to the adventure is to pay, is determined based on the proportion between the entire average owed to all parties to the adventure on the one hand, and the total contributions owed by all parties to the adventure on the other. If a pro-rated depreciation determined pursuant to section 590 is higher than the share calculated in accordance with sentence 1, then the party to the adventure affected by the depreciation will receive a general average disbursement equivalent to the difference. If a pro-rated depreciation determined pursuant to section 590 is lower than the share calculated in accordance with sentence 1, then the party to the adventure affected by the depreciation must pay a contribution equivalent to the difference.

(2) However, each contributing interest is liable only up to the value of the salved property that is attributable to that contributing interest pursuant to section 588 (2).

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