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单证名称中英文对照大全
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你可能喜欢１９７８年联合国海上货物运输公约&&(汉堡规则)(中英对照版--1）
UNITED NATIONS
CONVENTION ON THE CARRIAGE OF GOODS BY SEA, 1978
THE 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 to conclude a Convention for this
purpose and have thereto agreed as
GENERAL PROVISIONS
Article 1&
Definitions
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
2. "Actual carrier" means any person 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 sea 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
5. "Goods" i where the 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 carry goods by sea
from 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
7. "Bill of lading" means a document 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
order, or to bearer, constitutes such an
undertaking.
8. "Writing" includes, inter alia, telegram and
Article 2 Scope of
application
provisions of this Convention are applicable to all contracts of
carriage by sea between two different States,
(a) the port of loading as provided for in the contract of carriage
by sea is located in a Contracting State,
(b) the port of discharge as provided for in the contract of
carriage by sea is located in a Contracting State,
(c) one of the optional ports of discharge provided for in the
contract of carriage by sea is the actual port of discharge and
such port is located in a Contracting State,
(d) the bill of lading or other document evidencing the contract of
carriage by sea is issued in a Contracting State,
(e) the bill of lading or other document evidencing the contract of
carriage by sea provides that the provisions of this Convention 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
3. The provisions of this 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. 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 3 Interpretation of the
Convention
In 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 II LIABILITY OF THE
Article 4 Period of responsibility
responsibility of the carrier for the goods under this 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 goods1
(a) from the time he has taken over the goods
(i) the shipper, or a person
(ii) an authority or other third party to whom, pursuant to law or
regulations applicable at the port of loading, the goods must be
(b) until the time he has delivered the
(i) by handing over the go
(ii) in cases where the consignee does not receive the goods from
the carrier, by placing them at the disposal of the consignee in
accordance with the contract or with the law or with the usage of
the particular trade, applicable at t
(iii) by handing over the goods to an authority or other third
party to whom, pursuant to law or regulations applicable at the
port of discharge, the goods must be handed
3. In paragraphs 1 and 2 of this article, reference to the carrier
or to the consignee means, in addition to the carrier or the
consignee, the servants or agents, respectively of the carrier or
the consignee.12
Article 5 Basis of
carrier is liable for loss resulting from loss of or damage to the
goods, as well as from delay in delivery, if the occurrence which
caused the loss, damage or delay took place while the goods were in
his charge as defined in article 4, unless the carrier proves that
he, his servants or agents took all measures that could reasonably
be required to avoid the occurrence and its
consequences.4
2. Delay in delivery occurs when the goods have not been delivered
at the port of discharge provided for in the contract of carriage
by sea within the time expressly agreed upon or, in the absence of
such agreement, within the time which it would be reasonable to
require of a diligent carrier, having regard to the circumstances
of the case.
3. The person entitled to make a claim for the loss of goods may
treat the goods as lost if they have not been delivered as required
by article 4 within 60 consecutive days following the expiry of the
time for delivery according to paragraph 2 of this
4. (a) The carrier is liable
(i) for loss of or damage to the goods or delay in delivery caused
by fire, if the claimant proves that the fire arose from fault or
neglect on the part of the carrier, his servants or
(ii) for such loss, damage or delay in delivery which is proved by
the claimant to have resulted from the fault or neglect of the
carrier, his servants or agents, in taking all measures that could
reasonably be required to put out the fire and avoid or mitigate
its consequences.
(b) In case of fire on board the ship affecting the goods, if the
claimant or the carrier so desires, a survey in accordance with
shipping practices must be held into the cause and circumstances of
the fire, and a copy of the surveyor''s report shall be made
available on demand to the carrier and the
5. With respect to live animals, the carrier is not liable for
loss, damage or delay in delivery resulting from any special risks
inherent in that kind of carriage. If the carrier proves that he
has complied with any special instructions given to him by the
shipper respecting the animals and that, in the circumstances of
the case, the loss, damage or delay in delivery could be attributed
to such risks, it is presumed that the loss, damage or delay in
delivery was so caused, unless there is proof that all or a part of
the loss, damage or delay in delivery resulted from fault or
neglect on the part of the carrier, his servants or
6. The carrier is not liable, except in general average, where
loss, damage or delay in delivery resulted from measures to save
life or from reasonable measures to save property at
7. Where fault or neglect on the part of the carrier, his servants
or agents combines with another cause to produce loss, damage or
delay in delivery the carrier is liable only to the extent that the
loss, damage or delay in delivery is attributable to such fault or
neglect, provided that the carrier proves the amount of the loss,
damage or delay in delivery not attributable thereto.
Article 6 Limits of
1. (a) The
liability of the carrier for loss resulting from loss of or damage
to goods according to the provisions of article 5 is limited to an
amount equivalent to 835 units of account per package or other
shipping unit or 2.5 units of account per kilogramme of gross
weight of the goods lost or damaged, whichever is the
higher.835
(b) The liability of the carrier for delay in delivery according to
the provisions of article 5 is limited to an amount equivalent to
two and a half times the freight payable for the goods delayed, but
not exceeding the total freight payable under the contract of
carriage of goods by sea.2.5
(c) In no case shall the aggregate liability of the carrier, under
both subparagraphs (a) and (b) of this paragraph, exceed the
limitation which would be established under subparagraph (a) of
this paragraph for total loss of the goods with respect to which
such liability was incurred.a(b) a
2. For the purpose of calculating which amount is the higher in
accordance with paragraph 1(a) of this article, the following rules
(a) Where a container, pallet or similar article of transport is
used to consolidate goods, the package or other shipping units
enumerated in the bill of lading, if issued, or otherwise in any
other document evidencing the contract of carriage by sea, as
packed in such article of transport are deemed packages or shipping
units. Except as aforesaid the goods in such article of transport
are deemed one shipping unit.
(b) In cases where the article of transport itself has been lost or
damaged, that article of transport, if not owned or otherwise
supplied by the carrier, is considered one separate shipping
3. Unit of account means the unit of account mentioned in article
4. By agreement between the carrier and the shipper, limits of
liability exceeding those provided for in paragraph 1 may be
Article 7& Application to
non-contractual claims
defences and limits of liability provided for in this Convention
apply in any action against the carrier in respect of loss or
damage to the goods covered by the contract of carriage by sea, as
well as of delay in delivery whether the action is founded in
contract, in tort or otherwise.
2. If such an action is brought against a servant or agent of the
carrier, such servant or agent, if he proves that he acted within
the scope of his employment, is entitled to avail himself of the
defences and limits of liability which the carrier is entitled to
invoke under this Convention.
3. Except as provided in article 8, the aggregate of the amounts
recoverable from the carrier and from any persons referred to in
paragraph 2 of this article shall not exceed the limits of
liability provided for in this Convention.2
Article 8& Loss of right to limit
responsibility
carrier is not entitled to the benefit of the limitation of
liability provided for in article 6 if it is proved that the loss,
damage or delay in delivery resulted from an act or omission of the
carrier done with the intent to cause such loss, damage or delay,
or recklessly and with knowledge that such loss, damage or delay
would probably result.
2. Notwithstanding the provisions of paragraph 2 of article 7, a
servant or agent of the carrier is not entitled to the benefit of
the limitation of liability provided for in article 6 if it is
proved that the loss, damage or delay in delivery resulted from an
act or omission of such servant or agent, done with the intent to
cause such loss, damage or delay, or recklessly and with knowledge
that such loss, damage or delay would probably
Article 9& Deck
carrier is entitled to carry the goods on deck only if such
carriage is in accordance with an agreement with the shipper or
with the usage of the particular trade or is required by statutory
rules or regulations.
2. If the carrier and the shipper have agreed that the goods shall
or may be carried on deck, the carrier must insert in the bill of
lading or other document evidencing the contract of carriage by sea
a statement to that effect. In the absence of such a statement the
carrier has the burden of proving that an agreement for carriage on
deck h however, the carrier is not entitled to
invoke such an agreement against a third party, including a
consignee, who has acquired the bill of lading in good
3. Where the goods have been carried on deck contrary to the
provisions of paragraph 1 of this article or where the carrier may
not under paragraph 2 of this article invoke an agreement for
carriage on deck, the carrier, notwithstanding the provisions of
paragraph 1 of article 5, is liable for loss of or damage to the
goods, as well as for delay in delivery, resulting solely from the
carriage on deck, and the extent of his liability is to be
determined in accordance with the provisions of article 6 or
article 8 of this Convention, as the case may
4. Carriage of goods on deck contrary to express agreement for
carriage under deck is deemed to be an act or omission of the
carrier within the meaning of article 8.
Article 10& Liability of the
carrier and actual carrier
the performance of the carriage or part thereof has been entrusted
to an actual carrier, whether or not in pursuance of a liberty
under the contract of carriage by sea to do so, the carrier
nevertheless remains responsible for the entire carriage according
to the provisions of this Convention. The carrier is responsible,
in relation to the carriage performed by the actual carrier, for
the acts and omissions of the actual carrier and of his servants
and agents acting within the scope of their
employment.
2. All the provisions of this Convention governing the
responsibility of the carrier also apply to the responsibility of
the actual carrier for the carriage performed by him. The
provisions of paragraphs 2 and 3 of article 7 and of paragraph 2 of
article 8 apply if an action is brought against a servant or agent
of the actual carrier.232
3. Any special agreement under which the carrier assumes
obligations not imposed by this Convention or waives rights
conferred by this Convention affects the actual carrier only if
agreed to by him expressly and in writing. Whether or not the
actual carrier has so agreed, the carrier nevertheless remains
bound by the obligations or waivers resulting from such special
agreement.
4. Where and to the extent that both the carrier and the actual
carrier are liable, their liability is joint and
5. The aggregate of the amounts recoverable from the carrier, the
actual carrier and their servants and agents shall not exceed the
limits of liability provided for in this
Convention.
6. Nothing in this article shall prejudice any right of recourse as
between the carrier and the actual
Article 11& Through
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