أنواع الخسارات النقدية البحرية المشتركة في النظام البحري التجاري السعودي د. سلطان بن ناعم بن سلطان العمري

Abstract This research examines a specific type of general average loss—namely, monetary losses—a subject addressed by Saudi regulators, in line with international legal standards, due to its connection to maritime transport, a cornerstone of foreign trade. The study aims to clarify the confusion often experienced by parties involved in a maritime voyage regarding the distinction between general average monetary losses and particular average losses—specifically in cases where expenses that are ordinarily routine in nature transform into general average monetary losses under certain exceptional circumstances. To achieve this objective, the research employs a descriptive-inductive methodology. Accordingly, I have divided the research into three sections. The first section addresses expenses and outlays that are extraordinary by nature, comprising five topics: expenses related to refloating, assistance, and seeking refuge; expenses for the ransom of the ship and its cargo; and expenses for the settlement of general average losses. The second section discusses expenses incurred due to an extraordinary incident, covering three topics: marine towage, forced anchorage, and expenses for the provisions, medical treatment, and wages of the crew. Finally, the third section deals with substituted expenses. The study reached several key conclusions, most notably that—given significant advancements in shipbuilding and the evolution of technology—shared maritime financial losses incurred to ensure the general safety of the voyage have become the predominant type of loss, whether pertaining to the vessel, the cargo, or other elements. Keywords: Maritime losses, shared financial losses.

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