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Book 5 · Maritime trade  ›  Subchapter 3 · General average › Section 594

Lien of the parties entitled to a general average disbursement; prohibition of delivery

(1) To secure their claims to a general average disbursement, the parties entitled to such disbursements have a lien on the fuel and cargo of the contributing interests.

(2) Said lien take priority over all other liens on such property items, even if they arose earlier. If a given property item is subject to several liens pursuant to subsection (1), or if the property is also subject to a lien pursuant to section 585 (2), then the lien for a claim arising later will take priority over the lien for a claim arising earlier. Any liens for claims arising simultaneously rank pari passu as between themselves. Section 603 (3) is to be applied accordingly.

(3) Liens pursuant to subsection (1) are extinguished one year from the time at which the claim secured thereby arose; section 600 (2) is to be applied accordingly.

(4) The Reeder exercises liens on behalf of the parties entitled to a general average disbursement. Section 368 and section 495 (4) are to be applied accordingly to the enforcement of liens on the cargo.

(5) The master is prohibited from delivering property encumbered by liens pursuant to subsection (1) before the corresponding contributions have been adjusted or secured. If, contrary to sentence 1, the master in fact delivers the property, then they will be liable for the damages that they have caused, by their fault or neglect, to the parties entitled to a general average disbursement. This applies even if the master acted on the instructions of the Reeder.

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