中华人民共和国海商法(一)
来源:优易学  2010-1-14 12:17:00   【优易学:中国教育考试门户网】   资料下载   外语书店

  Contents

  Chapter I General Provisions

  Chapter II Ships

  Section 1 Ownership of Ships

  Section 2 Mortgage of Ships

  Section 3 Maritime Liens

  Chapter III Crew

  Section 1 Basic Principles

  Section 2 The Master

  Chapter IV Contract of Carriage of Goods by Sea

  Section 1 Basic Principles

  Section 2 Carrier's Responsibilities

  Section 3 Shipper's Responsibilities

  Section 4 Transport Documents

  Section 5 Delivery of Goods

  Section 6 Cancellation of Contract

  Section 7 Special Provisions Regarding Voyage Charter Party

  Section 8 Special Provisions Regarding Multi modal Transport Contract

  Chapter V Contract of Carriage of Passengers by Sea

  Chapter VI Charter Parties

  Section 1 Basic Principles

  Section 2 Time Charter Party

  Section 3 Bare boat Charter Party

  Chapter VII Contract of Sea Towage

  Chapter VIII Collision of Ships

  Chapter IX Salvage at Sea

  Chapter X General Average

  Chapter XI Limitation of Liability for Maritime Claims

  Chapter XII Contract of Marine Insurance

  Section 1 Basic Principles

  Section 2 Conclusion, Termination and Assignment of Contract

  Section 3 Obligations of the Insured

  Section 4 Liability of the Insurer

  Section 5 Loss of or Damage to the Subject Matter Insured and Abandonment

  Section 6 Payment of Indemnity

  Chapter XIII Limitation of Time

  Chapter XIV Application of Law in Relation to Foreign related Matters

  Chapter XV Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Code is enacted with a view to regulating the relations arising from maritime transport and those pertaining to ships, to securing and protecting the legitimate rights and interests of the parties concerned, and to promoting the development of maritime transport, economy and trade.

  Article 2 “Maritime transport” as referred to in this Code means the carriage of goods and passengers by sea, including the sea-river and river-sea direct transport.

  The provisions concerning contracts of carriage of goods by sea as contained in Chapter IV of this Code shall not be applicable to the maritime transport of goods between the ports of the People's Republic of China.

  Article 3 “Ship” as referred to in this Code means sea-going ships and other mobile units, but does not include ships or craft to be used for military or public service purposes, nor small ships of less than 20 tons gross tonnage.

  The term “ship” as referred to in the preceding paragraph shall also include ship's apparel.

  Article 4 Maritime transport and towage services between the ports of the People's Republic of China shall be under taken by ships flying the national flag of the People's Republic of China, except as otherwise provided for by laws or administrative rules and regulations.

  No foreign ships may engage in the maritime transport or towage services between the ports of the People's Republic of China unless permitted by the competent authorities of transport and communications under the State Council.

  Article 5 Ships are allowed to sail under the national flag of the People's Republic of China after being registered, as required by law, and granted the nationality of the People's Republic of China.

  Ships illegally flying the national flag of the People's Republic of China shall be prohibited and fined by the authorities concerned.

  Article 6 All matters pertaining to maritime transport shall be administered by the competent authorities of transport and communications under the State Council. The specific measures governing such administration shall be worked out by such authorities and implemented after being submitted to and approved by the State Council.

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