海牙维斯比规则中英对照word版之欧阳术创编.docx

1、海牙维斯比规则中英对照word版之欧阳术创编统一提单的若干法律规则的国际公约时间：2021.02.02创作：欧阳术（1924年8月22日订于布鲁塞尔，1924年8月25日颁布，1942年8月25日实施）INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING(“HAGUE RULES”), AND PROTOCOL OF SIGNATURE(Brussels, 25 August 1924)The President of the German Republi

2、c, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Head of the Estonian State, the President of the United Sta

3、tes of America, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness the Governor of the Kingdom of Hungary, Hi

4、s Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Latvian Republic, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the President of the Polish Republic, the Pr

5、esident of the Portuguese Republic, His Majesty the King of Romania, His Majesty the King of the Serbs, Croats and Slovenes, His Majesty the King of Sweden, and the President of the Republic of Uruguay, HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bil

6、ls of lading, HAVE DECIDED to conclude a convention with this object and have appointed the following Plenipotentiaries: WHO, duly authorized thereto, have agreed as follows:第一条 Article 1本公约所用下列各词，涵义如下：In this Convention the following words are employed with the meanings set out below:(a) “承运人”包括与托运

7、人订有运输合同的船舶所有人或租船人。(a)Carrier includes the owner or the charterer who enters into a contract of carriage with a shipper.(b)“运输合同”仅适用于以提单或任何类似的物权凭证进行有关海上货物运输的合同；在租船合同下或根据租船合同所签发的提单或任何物权凭证，在它们成为制约承运人与凭证持有人之间的关系准则时，也包括在内。(b)Contract of carriage applies only to contracts of carriage covered by a bill of

8、lading or any similar document of title, in so 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 similar document of title regulat

9、es the relations between a carrier and a holder of the same.(c)“货物”包括货物、制品、商品和任何种类的物品，但活牲畜以及在运输合同上载明装载于舱面上并且已经这样装运的货物除外。(c)Goods includes goods, wares, merchandise and articles of every kind whatsoever except live animals and cargo which by the contract of carriage in stated as being carried on deck

10、 and is so carried.(d) “船舶”是指用于海上货物运输的任何船舶。(d)Ship means any vessel used for the carriage of goods by sea.“货物运输”是指自货物装上船时起，至卸下船时止的一段期间。(e)Carriage of goods covers the period from the time when the goods are loaded on to the time they are discharged from the ship.第二条 Article 2除遵照第六条规定外，每个海上货物运输合同的承运人

11、，对有关货物的装载、搬运、积载、运送、保管、照料和卸载，都应按照下列规定承担责任和义务，并享受权利和豁免。Subject to the provisions of Article 6, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and

12、liabilities, and entitled to the rights and immunities hereinafter set forth.第三条 Article 31承运人须在开航前和开航时谨慎处理：1.The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to:(a)使船舶适航；(a)Make the ship seaworthy. (b) 适当地配备船员、装备船舶和供应船舶；(b)Properly man, equip and supply

13、 the ship.(c) 使货舱、冷藏舱和该船其他载货处所能适宜和安全地收受、运送和保管货物。(c)Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.2除遵照第四条规定外，承运人应适当和谨慎地装卸、搬运、积载、运送、保管、照料和卸载所运货物。2.Subject to the provisions of Art

14、icle 4, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.3承运人或船长或承运人的代理人在收受货物归其照管后，经托运人的请求，应向托运人签发提单，其上载明下列各项：3.After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipp

15、er, issue to the shipper a bill of lading showing among other things:(a) 与开始装货前由托运人书面提供者相同的、为辨认货物所需的主要标志，如果这项标志是以印戳或其他方式标示在不带包装的货物上，或在其中装有货物的箱子或包装物上，该项标志通常应在航程终了时仍能保持清晰可认。(a)The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loa

16、ding of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.(b) 托运人用书面提供的包数或件数，或数量，或重量。(b)Either the

17、 number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.(c) 货物的表面状况。(c)The apparent order and condition of the goods.但是，承运人、船长或承运人的代理人，不一定必须将任何货物的标志、号码、数量或重量表明或标示在提单上，如果他有合理根据怀疑提单不能正确代表实际收到的货物，或无适当方法进行核对的话。Provided that no carrier, master

18、 or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.4依照第3款(a)、(b)、(c)项所载内容的这样一张

19、提单，应作为承运人收到该提单中所载货物的初步证据。4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a), (b) and (c).5托运人应被视为已在装船时向承运人保证，由他提供的标志、件数、数量和重量均正确无误；并应赔偿给承运人由于这些项目不正确所引起或导致的一切灭失、损坏和费用。承运人的这种赔偿权利，并不减轻其根据运输合同对托运人以外的任何人

20、所承担的责任和义务。5. The shipper shall be deemed to have guaranteed to the carrier the accuracy 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

21、 such 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.6在将货物移交给根据运输合同有权收货的人之前或当时，除非在卸货港将货物的灭失和损害的一般情况，已用书面通知承运人或其代理人，则这种移交应作为承运人已按照提单规定交付货物的初步证据。6. Unless notice of loss

22、or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port 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

23、not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.如果灭失或损坏不明显，则这种通知应于交付货物之日起的三天内提交。If the loss or damage is not apparent, the notice must be given within three days of the delivery of the goods.如果

24、货物状况在收受时已经进行联合检验或检查，就无须再提交书面通知。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.除非从货物交付之日或应交付之日起一年内提出诉讼，承运人和船舶在任何情况下都免除对灭失或损害所负的一切责任。In any event the carrier and the ship shall be discharged from all l

25、iability 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. 遇有任何实际的或推定的灭失或损害，承运人与收货人必须为检验和清点货物相互给予一切合理便利。In the case of any actual or apprehended loss or damage the carrier and the receiver shall give

26、 all reasonable facilities to each other for inspecting and tallying the goods.7货物装船后，如果托运人要求，签发“已装船”提单，承运人、船长或承运人的代理人签发给托运人的提单，应为“已装船”提单，如果托运人事先已取得这种货物的物权单据，应交还这种单据，换取“已装船”提单。但是，也可以根据承运人的决定，在装货港由承运人、船长或其代理人在上述物权单据上注明装货船名和装船日期。经过这样注明的上述单据，如果载有第三条第3款所指项目，即应成为本条所指的“已装船”提单。7.After the goods are loaded

27、the bill of lading to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands, be a shipped bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the i

28、ssue of the shipped bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted, i

29、f it shows the particulars mentioned in paragraph 3 of Article 3, shall for the purpose of this Article be deemed to constitute a shipped bill of lading.8运输合同中的任何条款、约定或协议，凡是解除承运人或船舶对由于疏忽、过失或未履行本条规定的责任和义务，因而引起货物或关于货物的灭失或损害的责任的，或以下同于本公约的规定减轻这种责任的，则一律无效。有利于承运人的保险利益或类似的条款，应视为属于免除承运人责任的条款。8.Any clause, c

30、ovenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connexion with, goods arising from negligence, fault, or failure in the duties and obligations provided in this Article or lessening such liability otherwise than as provided

31、 in this Convention, shall be null and void and of no effect. A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.第四条 Article 41不论承运人或船舶，对于因不适航所引起的灭失或损坏，都不负责，除非造成的原因是由于承运人未按第三条第1款的规定，克尽职责；使船舶适航；保证适当地配备船员、装备和供应该船，以及使货舱、

32、冷藏舱和该船的其它装货处所能适宜并安全地收受、运送和保管货物。凡由于船舶不适航所引起的灭失和损害，对于已克尽职责的举证责任，应由根据本条规定要求免责的承运人或其他人承担。1.Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their