Migalhas features article by Trench Rossi specialists on general average under Brazilian Maritime Law

In an article published by Migalhas, associates Mauricio Sada and Pedro Santos, from the Dispute Resolution practice group, examine the concept of general average under Brazilian Maritime Law, highlighting its continued relevance within the Brazilian legal framework through the Commercial Code of 1850, whose provisions were preserved by the Civil Code of 2002.

In the article, titled “General Average in Brazilian Law: Legal Framework and Case Law Perspectives,” the authors analyze the requirements for characterizing general average, its interaction with national and international rules, such as the York-Antwerp Rules, and the prevailing case law on the subject. Their analysis underscores the importance of qualified expert evidence for the application of the doctrine and concludes that general average continues to play a significant role in maritime transport risk management, contributing to legal certainty and the predictability of operations in the sector.

Click here to read the full article in portuguese.