Average statement

Dispasha ( French Dispache, dépêche, retule, despache ; English average statement, average adjustment ) - an act drawn up by a special official, a dispatcher , and containing a definition of the type of sea losses ( accident ), calculating their total number and damage to each person involved in the accident ^[1] .

The preparation of the dispatch is of particular importance in cases of a major or general accident , when, in order to save the ship and cargo from general danger, the skipper took measures leading to damage to the ship or cargo. In these cases, losses incurred by one person are subject to decomposition into others: communication occurs between the ship, freight and cargo.

Since, in addition to persons directly involved in the accident, insurers are also interested in the proper decomposition of losses, due to such a wide variety of conflicting interests, it is customary to provide accounting and decomposition of losses to special officials - dispatchers. Therefore, the place where the dispatch statement is drawn is of great importance, since it determines the person who is called to compile it, the procedure for its compilation and the rules by which the dispatcher will be guided. This place is primarily where the shipping company ends. The German General Commercial Code decides that the disbursement should take place in the destination harbor; if it cannot be reached, then in that harbor where the ship ends its voyage.

Most legislation requires the skipper to proceed with the preparation of the statement; but every person involved in the accident has the right to demand its preparation.

The skipper must report the accident (make a sea protest) at the very first port, where there is someone to make such a statement to (before the notary public , abroad, before the consul , and in the absence of it, before the notary or the local authorities).

When preparing a statement for a major accident, the controller should:

1. determine the total amount of losses and
2. decompose them to all persons involved in the accident.

The total number of losses is determined by the damage and death of not only those items that the skipper’s measure was directly aimed at, but also others damaged or destroyed during the execution of the skipper’s order (for example, fragile items were moved and broken to gain access to the mast designated for cutting) .

Do not take into account losses from death or damage:

1. smuggling items;
2. items that were placed on the ship secretly, without the knowledge of the skipper, and if the ship was hired all, then items placed on it without the knowledge of the employer;
3. items that have been improperly stowed, e.g. not in the hold, but on the deck (this rule does not apply to coastal ships, on which a lot of cargo is placed on decks), or between decks, in rooms intended for the crew;
4. items whose location cannot be certified by freight documents, that is, primarily bills of lading.

When calculating losses, the price is taken as the basis for which the relevant items could be sold at the place where the statement was drawn up if they were delivered there intact; but at the same time, the amount deducted for their transportation ( freight ), customs duties and other expenses on the spot is deducted; when assessing losses from damage to items, the amount for which these items can be sold on the spot in their damaged form is also deducted. Losses incurred by the ship are estimated at the cost of repair or at the cost that would be required to acquire instead of a lost or damaged shell; but the difference between the old and the new is also taken into account. The decomposition costs are subject to decomposition.

The Commercial Charter provides for one more loss to be decomposed: the costs of rewarding the skipper and crew, who saved the ship (and with it the cargo) from an attack by a privateer or a pirate , as well as the costs of treating the wounded and rewarding the relatives of the killed (from 6- monthly to 2-year salary). Suppose that the total number of losses is displayed in 20,000 rubles. This amount must be decomposed into the emergency mass. The emergency mass will be made up, first of all, of all items that have been saved: the ship with its accessories, all items of cargo, including such, the damage from which is not subject to decomposition. All these items are included in the emergency mass at the price at which they could be sold at the place of preparation of the statement, minus, again, freight, customs duties and other expenses on the spot. Suppose that all of these items are estimated at 170,000 rubles. But the emergency mass must also include: 1) damaged items at the price at which they stand still in their damaged form, let’s say, 10,000 rubles .; 2) the total number of losses already incurred and subject to decomposition, according to the rule: pretium succedit in locum rei (the price takes the place of a thing), that is, 20,000 rubles. Thus, the emergency mass will be determined at 200,000 p. 20,000 p. losses will be decomposed by 200,000 p .; consequently, each person involved in the accident will pay emergency money in the amount of 10% of the value belonging to him (cargo, ship, etc.), his losses will be reimbursed to him only in the amount of 90%, since 10% falls to his share, which are read to him. The skipper or the initiator of the general dispatch collects and distributes emergency money. Before payment of the emergency money, the ship and the cargo are considered as a mortgage : the customs is obliged to seize them immediately upon the statement by the skipper about the need to draw up a statement. The dispatch drawn up by the dispatcher is binding on the participants of the accident, in addition to the assistance of the court (the latter is required in Prussia ).