中华人民共和国海商法 英文版

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1、中华人民共和国海商法(英文版)中华人民共和国海商法(英文版)MARITIME CODE OF THE PEOPLES REPULIC OF CHINA(Adopted at the 28th Meeting of the Standing Committee of the Seventh National Peoples Congress on November 7, 1992, promulgated by Order No. 64 of the President of the Peoples Republic of China on November 7, 1992, and effec

2、tive as of July 1, 1993)CONTENTSCHAPTER I GENERAL PROVISIONS CHAPTER II SHIPS SECTION 1 OWNERSHIP OF SHIPS SECTION 2 MORTGAGE OF SHIPS SECTION 3 MARITIME LIENS CHAPTER III CREW SECTION 1 BASIC PRINCIPLES SECTION 2 THE MASTER CHAPTER IV CONTRACT OF CARRIAGE OF GOODS BY SEA SECTION 1 BASIC PRINCIPLES

3、SECTION 2 CARRIERS RESPONSIBILITIES SECTION 3 SHIPPERS RESPONSIBILITIES SECTION 4 TRANSPORT DOCUMENTS SECTION 5 DELIVERY OF GOODS SECTION 6 CANCELLATION OF CONTRACT SECTION 7 SPECIAL PROVISIONS REGARDING VOYAGE CHARTER PARTY SECTION 8 SPECIAL PROVISIONS REGARDING MULTIMODAL TRANSPORT CONTRACT CHAPTE

4、R V CONTRACT OF CARRIAGE OF PASSENGERS BY SEA CHAPTER VI CHARTER PARTIES SECTION 1 BASIC PRINCIPLES SECTION 2 TIME CHARTER PARTY SECTION 3 BAREBOAT CHARTER PARTY CHAPTER VII CONTRACT OF SEA TOWAGE CHAPTER VIII COLLISION OF SHIPS CHAPTER IX SALVAGE AT SEA CHAPTER X GENERAL AVERAGE CHAPTER XI LIMITATI

5、ON OF LIABILITY FOR MARITIME CLAIMS CHAPTER XII CONTRACT OF MARINE INSURANCE SECTION 1 BASIC PRINCIPLES SECTION 2 CONCLUSION, TERMINATION AND ASSIGNMENT OF CONTRACT SECTION 3 OBLIGATIONS OF THE INSURED SECTION 4 LIABILITY OF THE INSURER SECTION 5 LOSS OF OR DAMAGE TO THE SUBJECT MATTER INSURED ANDAB

6、ANDONMENT SECTION 6 PAYMENT OF INDEMNITYCHAPTER XIII LIMITATION OF TIME FOR MARITIME CLAIMS CHAPTER XIV APPLICATION OF LAW IN RELATION TO FOREIGN-RELATED MATTERS CHAPTER XV SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONSCHAPTER I GENERAL PROVISIONS ArticleArticle 1 1 This Code is enacted with

7、a view to regulating the relations arising from maritime transport and those pertaining to ships, to securing and protecting the legitimate rights and interests of the parties concerned, and to promoting the development of maritime transport, economy and trade. ArticleArticle 2 2 “Maritime transport

8、“ as referred to in this Code means the carriage of goods and passengers by sea, including the sea-river and river-sea direct transport. The provisions concerning contracts of carriage of goods by sea as contained in Chapter IV of this Code shall not be applicable to the maritime transport of goods

9、between the ports of the Peoples Republic of China. ArticleArticle 3 3 “Ship“ as referred to in this Code means sea-going ships and other mobile units, but does not include ships or craft to be used for military or public service purposes, nor small ships of less than 20 tons gross tonnage. The term

10、 “ship“ as referred to in the preceding paragraph shall also include ships apparel. ArticleArticle 4 4 Maritime transport and towage services between the ports of the Peoples Republic of China shall be undertaken by ships flying the national flag of the Peoples Republic of China, except as otherwise

11、 provided for by laws or administrative rules and regulations. No foreign ships may engage in the maritime transport or towage services between the ports of the Peoples Republic of China unless permitted by the competent authorities of transport and communications under the State Council. ArticleArt

12、icle 5 5 Ships are allowed to sail under the national flag of the Peoples Republic of China after being registered, as required by law, and granted the nationality of the Peoples Republic of China. Ships illegally flying the national flag of the Peoples Republic of China shall be prohibited and fine

13、d by the authorities concerned. ArticleArticle 6 6 All matters pertaining to maritime transport shall be administered by the competent authorities of transport and communications under the State Council. The specific measures governing such administration shall be worked out by such authorities and

14、implemented after being submitted to and approved by the State Council. CHAPTER II SHIPS Section 1 Ownership of ShipsArticleArticle 7 7The ownership of a ship means the shipowners rights to lawfully possess, utilize, profit from and dispose of the ship in his ownership. ArticleArticle 8 8 With respe

15、ct to a State-owned ship operated by an enterprise owned by the whole people having a legal person status granted by the State, the provisions of this Code regarding the shipowner shall apply to that legal person. ArticleArticle 9 9 The acquisition, transference or extinction of the ownership of a s

16、hip shall be registered at the ship registration authorities; no acquisition, transference or extinction of the ships ownership shall act against a third party unless registered. The transference of the ownership of a ship shall be made by a contract in writing. ArticleArticle 1010 Where a ship is jointly owned by two or more legal persons or individuals, the joint ownership thereof sha

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