海牙規則英文版(可編輯修改word版)

2023年12月11日發(作者：元宵節三百字作文)

-

海牙規則-英文版-中文版

INTERNATIONAL CONVENTION FOR THE UNIFICATION OF

CERTAIN RULES OF LAW RELATING TO BILLS OF LADING

(“HAGUE RULES”), AND PROTOCOL OF SIGNATURE

(Brusls, 25 August 1924)

The President of the German Republic, 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 States 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, His

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 President of the Portugue 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 bills 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:

Article 1

In this Convention the following words are employed with the meanings

t out below:

(a) "Carrier" includes 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 far as such

document relates to the carriage of goods by a, 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 regulates the relations between a carrier and a holder of

the same. (c) "Goods" includes goods, wares, merchandi and articles of every

kind whatsoever except live animals and cargo which by the contract of

carriage in stated as being carried on deck and is so carried.

(d) "Ship" means any vesl ud for the carriage of goods by a.

(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.

Article 2

Subject to the provisions of Article 6, under every contract of carriage of

goods by a the carrier, 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 t forth.

Article 3

1. The carrier shall be bound before and at the beginning of the voyage

to exerci due diligence t

(a) Make the ship aworthy.

(b) Properly man, equip and supply the ship. (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 prervation.

2. Subject to the provisions of Article 4, the carrier shall properly and

carefully load, handle, stow, carry, keep, care for, and discharge the

goods carried.

3. After receiving the goods into his charge the carrier or the master or

agent of the carrier shall, on demand of the shipper, issue to the shipper a

bill of lading showing among other things:

(a) The leading marks necessary for identification of the goods as the

same are furnished in writing by the shipper before the loading of such

goods starts, provided such marks are stamped or otherwi shown

clearly upon the goods if uncovered, or on the cas or coverings in

which such goods are contained, in such a manner as should ordinarily

remain legible until the end of the voyage.

(b) Either the number of packages or pieces, or the quantity, or weight,

as the ca may be, as furnished in writing by the shipper.

(c) The apparent order and condition of the goods. Provided that no carrier, master 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 reprent

the goods actually received, or which he has had no reasonable means of

checking.

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. 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 expens arising or resulting from

inaccuracies in 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. 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 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, such 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 of 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 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 ca of any actual or apprehended loss or damage the carrier and

the receiver shall give all reasonable facilities to each other for inspecting

and tallying the goods.

7. After the goods are loaded 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 issue 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, if it shows

the particulars mentioned in paragraph 3 of Article 3, shall for the

purpo of this Article be deemed to constitute a "shipped" bill of lading.

8. Any clau, covenant, 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 lesning such liability

otherwi than as provided in this Convention, shall be null and void and

of no effect. A benefit of insurance in favour of the carrier or similar

clau shall be deemed to be a clau relieving the carrier from liability.

Article 4

1. Neither the carrier nor the ship shall be liable for loss or damage

arising or resulting from unaworthiness unless caud by want of due

diligence on the part of the carrier to make the ship aworthy and to

cure 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 reception, carriage

and prervation in accordance with the provisions of paragraph 1 of

Article 3. Whenever loss or damage has resulted from unaworthiness the burden of proving the exerci of due diligence shall be on the carrier

or other person claiming exemption under this Article.

2. Neither the carrier nor the ship shall be responsible for loss or

damage arising or resulting from:

(a) Act, neglect, or default of the master, mariner, pilot, or the rvants

of the carrier in the navigation or in the management of the ship.

(b) Fire, unless caud by the actual fault or privity of the carrier.

(c) Perils, dangers and accidents of the a or other navigable waters.

(d) Act of God.

(e) Act of war.

(f) Act of public enemies.

(g) Arrest or restraint or princes, rulers or people, or izure under legal

process.

(h) Quarantine restrictions.

(i) Act or omission of the shipper or owner of the goods, his agent or

reprentative. (j) Strikes or lockouts or stoppage or restraint of labour from whatever

cau, whether partial or general.

(k) Riots and civil commotions.

(l) Saving or attempting to save life or property at a.

(m) Wastage in bulk or weight or any other loss or damage arising from

inherent defect, quality or vice of the goods.

(n) Insufficiency of packing.

(o) Insufficiency or inadequacy of marks.

(p) Latent defects not discoverable by due diligence.

(q) Any other cau arising without the actual fault or privity of the

carrier, or without the actual fault or neglect of the agents or rvants of

the carrier, but the burden of proof shall be on the person claiming the

benefit of this exception to show that neither the actual fault or privity of

the carrier nor the fault or neglect of the agents or rvants of the carrier

contributed to the loss or damage.

3. The shipper shall not be responsible for loss or damage sustained by

the carrier or the ship arising or resulting from any cau without the act,

fault or neglect of the shipper, his agents or his rvants. 4. Any deviation in saving or attempting to save life or property at a

or any reasonable deviation shall not be deemed to be an infringement or

breach of this Convention or of the contract of carriage, and the carrier

shall not be liable for any loss or damage resulting therefrom.

5. Neither the carrier nor the ship shall in any event be or become

liable for any loss or damage to or in connexion with goods in an amount

exceeding 100 pounds sterling per package or unit, or the equivalent of

that sum in other currency unless the nature and value of such goods have

been declared by the shipper before shipment and inrted in the bill of

lading.

This declaration if embodied in the bill of lading shall be prima facie

evidence, but shall not be binding or conclusive on the carrier.

By agreement between the carrier, master or agent of the carrier and the

shipper another maximum amount than that mentioned in this paragraph

may be fixed, provided that such maximum shall not be less than the

figure above named.

Neither the carrier nor the ship shall be responsible in any event for loss

or damage to, or in connexion with, goods if the nature or value thereof

has been knowingly misstated by the shipper in the bill of lading. 6. Goods of an inflammable, explosive or dangerous nature to the

shipment whereof the carrier, master or agent of the carrier has not

connted with knowledge of their nature and character, may at any time

before discharge be landed at any place, or destroyed or rendered

innocuous by the carrier without compensation and the shipper of such

goods shall be liable for all damage and expens directly or indirectly

arising out of or resulting from such shipment. If any such goods shipped

with such knowledge and connt shall become a danger to the ship or

cargo, they may in like manner be landed at any place, or destroyed or

rendered innocuous by the carrier without liability on the part of the

carrier except to general average, if any.

Article 5

A carrier shall be at liberty to surrender in whole or in part all or any of

his rights and immunities or to increa any of his responsibilities and

obligations under this Convention, provided such surrender or increa

shall be embodied in the bill of lading issued to the shipper.

The provisions of this Convention shall not be applicable to charter

parties, but if bills of lading are issued in the ca of a ship under a

charter party they shall comply with the terms of this Convention.

Nothing in the rules shall be held to prevent the inrtion in a bill of

lading of any lawful provision regarding general average. Article 6

Notwithstanding the provisions of the preceding Articles, a carrier,

master or agent of the carrier and a shipper shall in regard to any

particular goods be at liberty to enter into any agreement in any terms as

to the responsibility and liability of the carrier for such goods, and as to

the rights and immunities of the carrier in respect of such goods, or his

obligation as to aworthiness, so far as this stipulation is not contrary to

public policy, or the care or diligence of his rvants or agents in regard

to the loading, handling, stowage, carriage, custody, care and discharge of

the goods carried by a, provided that in this ca no bill of lading has

been or shall be issued and that the terms agreed shall be embodied in a

receipt which shall be a non-negotiable document and shall be marked as

such.

Any agreement so entered into shall have full legal effect.

Provided that this Article shall not apply to ordinary commercial

shipments made in the ordinary cour of trade, but only to other

shipments where the character or condition of the property to be carried

or the circumstances, terms and conditions under which the carriage is to

be performed are such as reasonably to justify a special agreement.

Article 7 Nothing herein contained shall prevent a carrier or a shipper from

entering into any agreement, stipulation, condition, rervation or

exemption as to the responsibility and liability of the carrier or the ship

for the loss or damage to, or in connexion with, the custody and care and

handling of goods prior to the loading on, and subquent to, the

discharge from the ship on which the goods are carried by a.

Article 8

The provisions of this Convention shall not affect the rights and

obligations of the carrier under any statute for the time being in force

relating to the limitation of the liability of owners of a-going vesls.

Article 9

The monetary units mentioned in this Convention are to be taken to be

gold value.

Tho contracting States in which the pound sterling is not a monetary

unit rerve to themlves the right of translating the sums indicated in

this Convention in terms of pound sterling into terms of their own

monetary system in round figures.

The national laws may rerve to the debtor the right of discharging his

debt in national currency according to the rate of exchange prevailing on the day of the arrival of the ship at the port of discharge of the goods

concerned.

Article 10

The provisions of this Convention shall apply to all bills of lading issued

in any of the contracting States.

Article 11

After an interval of not more than two years from the day on which the

Convention is signed, the Belgian Government shall place itlf in

communication with the Governments of the High Contracting Parties

which have declared themlves prepared to ratify the Convention, with a

view to deciding whether it shall be put into force. The ratifications shall

be deposited at Brusls at a date to be fixed by agreement among the

said Governments. The first deposit of ratifications shall be recorded in a

procès-verbal signed by the reprentatives of the Powers which take part

therein and by the Belgian Minister of Foreign Affairs.

The subquent deposit of ratifications shall be made by means of a

written notification, addresd to the Belgian Government and

accompanied by the instrument of ratification. A duly certified copy of the procès-verbal relating to the first deposit of

ratifications, of the notifications referred to in the previous paragraph, and

also of the instruments of ratification accompanying them, shall be

immediately nt by the Belgian Government through the diplomatic

channel to the Powers who have signed this Convention or who have

acceded to it. In the cas contemplated in the preceding paragraph, the

said Government shall inform them at the same time of the date on which

it received the notification.

Article 12

Non-signatory States may accede to the prent Convention whether or

not they have been reprented at the International Conference at Brusls.

A State which desires to accede shall notify its intention in writing to the

Belgian Government, forwarding to it the document of accession, which

shall be deposited in the archives of the said Government.

The Belgian Government shall immediately forward to all the States

which have signed or acceded to the Convention a duly certified copy of

the notification and of the act of accession, mentioning the date on which

it received the notification.

Article 13 The High Contracting Parties may at the time of signature, ratification or

accession declare that their acceptance of the prent Convention does not

include any or all of the lf-governing dominions, or of the colonies,

overas posssions, protectorates or territories under their sovereignty

or authority, and they may subquently accede parately on behalf of

any lf-governing dominion, colony, overas posssion, protectorate or

territory excluded in their declaration. They may also denounce the

Convention parately in accordance with its provisions in respect of any

lf-governing dominion, or any colony, overas posssion, protectorate

or territory under their sovereignty or authority.

Article 14

The prent Convention shall take effect, in the ca of the States which

have taken part in the first deposit of ratifications, one year after the date

of the protocol recording such deposit.

As respects the States which ratify subquently or which accede, and

also in cas in which the Convention is subquently put into effect in

accordance with Article 13, it shall take effect six months after the

notifications specified in paragraph 2 of Article 11 and paragraph 2 of

Article 12 have been received by the Belgian Government.

Article 15 In the event of one of the contracting States wishing to denounce the

prent Convention, the denunciation shall be notified in writing to the

Belgian Government, which shall immediately communicate a duly

certified copy of the notification to all the other States, informing them of

the date on which it was received.

The denunciation shall only operate in respect of the State which made

the notification, and on the expiry of one year after the notification has

reached the Belgian Government.

Article 16

Any one of the contracting States shall have the right to call for a fresh

conference with a view to considering possible amendments.

A State which would exerci this right should notify its intention to the

other States through the Belgian Government, which would make

arrangements for convening the Conference.

DONE at Brusls, in a single copy, August 25th, 1924.

PROTOCOL OF SIGNATURE At the time of signing the International Convention for the Unification of

Certain Rules of Law relating to Bills of Lading the Plenipotentiaries

who signatures appear below have adopted this Protocol, which will

have the same force and the same value as if its provisions were inrted

in the text of the Convention to which it relates.

The High Contracting Parties may give effect to this Convention either by

giving it the force of law or by including in their national legislation in a

form appropriate to that legislation the rules adopted under this

Convention.

They may rerve the right:

1. To prescribe that in the cas referred to in paragraph 2(c) to (p) of

Article 4 the holder of a bill of lading shall be entitled to establish

responsibility for loss or damage arising from the personal fault of the

carrier or the fault of his rvants which are not covered by paragraph (a).

2. To apply Article 6 in so far as the national coasting trade is

concerned to all class of goods without taking account of the restriction

t out in the last paragraph of that Article.

DONE at Brusls, in single copy, August 25th, 1924.

-