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船东支付海盗赎金,符合共同海损的构成要件,货方作为受益方应参与海盗赎金的共同海损分摊。船东在违反安全管理体系时难以证明尽到适航义务,货方有权拒绝船东的分摊请求。共同海损分摊范围应合理界定,排除与支付赎金共同海损措施无关的费用。货方可出具共同海损分摊保函以担保船东的共同海损分摊债权的实现。但在共同海损理算结束前,船东以分摊共同海损的名义留置货物,其合法性受到质疑。货方的海盗赎金共同海损分摊应纳入海运货物险的承保范围,以既有的保险机制解决海盗赎金问题。
Shipowners pay ransom for pirates in line with the general composition of the general requirements, the buyer as beneficiaries should participate in the general average share of pirate ransom. Shipowners in the violation of the safety management system can not be proved to fulfill the obligation of airworthiness, the owner has the right to refuse the assessment of the owner’s request. The scope of assessment of the general average shall be reasonably defined, excluding fees unrelated to the general average of the payment of ransom. The consignor may issue a general average dividend guarantee letter to guarantee the general average of the shipowner to realize the realization of the creditor’s rights. However, prior to the conclusion of the general average, the legality of the shipowner’s lodging of goods in the name of sharing general average was questioned. The buyer’s average share of pirate ransom should be covered by the insurance coverage of seaborne cargoes, and the problem of pirate ransom should be solved with the existing insurance mechanism.