Bài 6 – Đóng góp tổn thất chung và cứu hộ

Khi có hành động tổn thất chung trong hành trình liên quan đến hàng hoá được bảo hiểm, người được bảo hiểm được yêu cầu phải đóng góp vào một khoản tiền để bù đắp tổn thất. Đóng góp này căn cứ vào trị giá đóng góp (contributory value) của hàng hoá tại nơi đến. Hàng không đến bến đến không đóng góp, trừ khi là đối tượng của hy sinh tổn thất chung, trong trường hợp này phải đóng góp theo trị giá được sửa chữa.

 

Trách nhiệm của người bảo hiểm đối với việc đóng góp tổn thất chung là trách nhiệm đối với toàn bộ số tiền đóng góp ngoại trừ trường hợp bảo hiểm dưới giá trị bảo hiểm được chỉ ra bởi việc so sánh giữa giá trị bảo hiểm (đã trừ mọi tổn thất riêng) và trị giá đóng góp. Khi bảo hiểm dưới giá, trách nhiệm người bảo hiểm về đóng góp tổn thất chung hạ giảm theo tỉ lệ bảo hiểm dưới giá.

MIA (1906) qui định là người bảo hiểm chỉ phải chịu trách nhiệm về đóng góp tổn thất chung khi hành vì tổn thất chung phát sinh từ một hiểm hoạ được bảo hiểm song ICC (1982) đã bỏ qui định này bằng cách lập nên trách nhiệm của người bảo hiểm đối với tất cả các khoản đóng góp tổn thất chung theo những loại trừ được qui định cụ thể trong điều khoản này. Điều đó được chứng tỏ trong điều khoản sau, mà thường thấy trong ICC (A,B,C). Điều khoản này không ảnh hưởng đến bất kỳ việc giảm trách nhiệm người bảo hiểm vì lý do bảo hiểm dưới giá trị.

2.  Điều khoản tổn thất chung

Bảo hiểm này bảo hiểm tổn thất chung và chi phí cứu hộ được phân chia hoặc xác định theo hợp đồng chuyên chở và/hoặc theo luật pháp và tập quán chi phối, đã chi ra nhằm tránh hoặc có liên quan tới việc phòng tránh tổn thất do bất kỳ nguyên nhân nào, trừ những chi phí đã loại trừ trong các điều 4,5,6 và 7 hay ở chỗ nào khác trong bảo hiểm này.

Khi một điều khoản thưởng cứu hộ được tính trên tầu và/hoặc hàng hoá trên đó, mỗi thành viên được hưởng lợi trên hành vi cứu hộ đó phải đóng góp vào khoản thưởng cứu hộ này theo tỷ lệ trị giá đóng góp của quyền lợi được cứu vớt trên tổng số các quyền lợi được cứu vớt. Người được bảo hiểm hàng hóa (the cargo assured) đóng góp giống như đóng góp tổn thất chung, khác chăng là trị giá đóng góp cho chi phí cứu hộ được tính trên trị giá hàng hoá tại nơi mà việc cứu hộ kết thúc thành công, có thể không phải là nơi đến của hàng hóa. Trách nhiệm của người bảo hiểm về đóng góp cứu hộ giống hệt như đóng góp tổn thất chung, và cũng được chi phối bởi cùng điều khoản trong ICC.

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