海牙規(guī)則中英對照

1、International International Convention Convention for for the the Unification Unification of of Certain Certain Rules Rules of of Law Law relating relating to to Bills Bills of of Lading Lading (“Hague (“Hague Rules“), R

2、ules“), and and Protocol Protocol of of Signature Signature (Brussels, 25 August 1924)統(tǒng)一提單的若干法律規(guī)則的國際公約——海牙規(guī)則Article 1In this Convention the following words are employed with the meanings set out below: (a) “Carrier“ incl

3、udes the owner or the charterer who enters into a contract of carriage with a shipper. (b) “Contract of carriage“ applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so

4、far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or

5、similar document of title regulates the relations between a carrier and a holder of the same. (c) “Goods“ includes goods, wares, merchandise and articles of every kind whatsoever except live animals and cargo which by th

6、e contract of carriage in stated as being carried on deck and is so carried. (d) “Ship“ means any vessel used for the carriage of goods by sea. (e) “Carriage of goods“ covers the period from the time when the goods are l

7、oaded on to the time they are discharged from the ship. 第一條 第一條本公約所用下列各詞，涵義如下：(a) “承運人”包括與托運人訂有運輸合同的船舶所有人或租船人。(b) “運輸合同”僅適用于以提單或任何類似的物權(quán)憑證進行有關(guān)海上貨物運輸?shù)暮贤辉谧獯贤禄蚋鶕?jù)租船合同所簽發(fā)的提單或任何物權(quán)憑證，在它們成為制約承運人與憑證持有人之間的關(guān)系準則時，也包括在內(nèi)。(c) “貨物

8、”包括貨物、制品、商品和任何種類的物品，但活牲畜以及在運輸合同上載明裝載于艙面上并且已經(jīng)這樣裝運的貨物除外。(d) “船舶”是指用于海上貨物運輸?shù)娜魏未啊?e) “貨物運輸”是指自貨物裝上船時起，至卸下船時止的一段期間。Article 2Subject to the provisions of Article 6, under every contract of carriage of goods by sea the carrie

9、r, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set f

10、orth. 第二條 第二條 (b) 托運人用書面提供的包數(shù)或件數(shù)，或數(shù)量，或重量。(c) 貨物的表面狀況。但是，承運人、船長或承運人的代理人，不一定必須將任何貨物的標志、號碼、數(shù)量或重量表明或標示在提單上，如果他有合理根據(jù)懷疑提單不能正確代表實際收到的貨物，或無適當方法進行核對的話。4. Such a bill of lading shall be prima facie evidence of the receipt by the c

11、arrier of the goods as therein described in accordance with paragraph 3(a), (b) and (c). 4．依照第 3 款(a)、(b)、(c)項所載內(nèi)容的這樣一張?zhí)釂?，應作為承運人收到該提單中所載貨物的初步證據(jù)。5. The shipper shall be deemed to have guaranteed to the carrier the accurac

12、y at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnity the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such

13、particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper. 5．托運人應被視為已在裝船時向承運人保證，由他提供的標志、件數(shù)、數(shù)量和重量均正確

14、無誤；并應賠償給承運人由于這些項目不正確所引起或?qū)е碌囊磺袦缡?、損壞和費用。承運人的這種賠償權(quán)利，并不減輕其根據(jù)運輸合同對托運人以外的任何人所承擔的責任和義務。6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port

15、 of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, su

16、ch removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. If the loss or damage is not apparent, the notice must be given within three days of the delivery o

17、f the goods. The notice in writing need not be given if the state of the goods has, at the time of their receipt, been the subject of joint survey or inspection. In any event the carrier and the ship shall be discharged

18、from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered. In the case of any actual or apprehended loss or d

19、amage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods. 6．在將貨物移交給根據(jù)運輸合同有權(quán)收貨的人之前或當時，除非在卸貨港將貨物的滅失和損害的一般情況，已用書面通知承運人或其代理人，則這種移交應作為承運人已按照提單規(guī)定交付貨物的初步證據(jù)。如果滅失