《汉堡规则中英文》由会员分享，可在线阅读，更多相关《汉堡规则中英文（19页珍藏版）》请在金锄头文库上搜索。
1、【精品文档】如有侵权，请联系网站删除，仅供学习与交流汉堡规则中英文.精品文档.HAMBURG RULES 汉堡规则UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA, 1978 PreambleTHE STATES PARTIES TO THIS CONVENTION, HAVING RECOGNIZED the desirability of determining by agreement certain rules relating to the carriage of goods by sea, HAVE DECIDED
2、to conclude a Convention for this purpose and have thereto agreed as follows:PART IGENERAL PROVISIONSArticle 1DefinitionsIn this Convention:1. Carrier means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.2. Actual carrier means any person
3、 to whom the performance of the carriage of the goods, or of part of the carriage, has been entrusted by the carrier, and includes any other person to whom such performance has been entrusted.3. Shipper means any person by whom or in whose name or on whose behalf a contract of carriage of goods by s
4、ea has been concluded with a carrier, or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage by sea.4. Consignee means the person entitled to take delivery of the goods.5. Goods includes live animals; where th
5、e goods are consolidated in a container, pallet or similar article of transport or where they are packed, goods includes such article of transport or packaging if supplied by the shipper.6. Contract of carriage by sea means any contract whereby the carrier undertakes against payment of freight to ca
6、rry goods by sea from one port to another; however, a contract which involves carriage by sea and also carriage by some other means is deemed to be a contract of carriage by sea for the purposes of this Convention only in so far as it relates to the carriage by sea.7. Bill of lading means a document
7、 which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to
8、order, or to bearer, constitutes such an undertaking.8. Writing includes, inter alia, telegram and telex.Article 2Scope of application1. The provisions of this Convention are applicable to all contracts of carriage by sea between two different States, if:(a) the port of loading as provided for in th
9、e contract of carriage by sea is located in a Contracting State, or(b) the port of discharge as provided for in the contract of carriage by sea is located in a Contracting State, or(c) one of the optional ports of discharge provided for in the contract of carriage by sea is the actual port of discha
10、rge and such port is located in a Contracting State, or(d) the bill of lading or other document evidencing the contract of carriage by sea is issued in a Contracting State, or(e) the bill of lading or other document evidencing the contract of carriage by sea provides that the provisions of this Conv
11、ention or the legislation of any State giving effect to them are to govern the contract.2. The provisions of this Convention are applicable without regard to the nationality of the ship, the carrier, the actual carrier, the shipper, the consignee or any other interested person.3. The provisions of t
12、his Convention are not applicable to charter-parties. However, where a bill of lading is issued pursuant to a charter-party, the provisions of the Convention apply to such a bill of lading if it governs the relation between the carrier and the holder of the bill of lading, not being the charterer.4.
13、 If a contract provides for future carriage of goods in a series of shipments during an agreed period, the provisions of this Convention apply to each shipment. However, where a shipment is made under a charter-party, the provisions of paragraph 3 of this article apply.Article 3Interpretation of the
14、 ConventionIn the interpretation and application of the provisions of this Convention regard shall be had to its international character and to the need to promote uniformity.PART IILIABILITY OF THE CARRIERArticle 4Period of responsibility1. The responsibility of the carrier for the goods under this
15、 Convention covers the period during which the carrier is in charge of the goods at the port of loading, during the carriage and at the port of discharge.2. For the purpose of paragraph 1 of this article, the carrier is deemed to be in charge of the goods(a) from the time he has taken over the goods
16、 from:(i) the shipper, or a person acting on his behalf; or(ii) an authority or other third party to whom, pursuant to law or regulations applicable at the port of loading, the goods must be handed over for shipment;(b) until the time he has delivered the goods:(i) by handing over the goods to the consignee; or(ii) in cases where the consignee does not receive the
