闂佹眹鍩勯崹铏仚闂佸憡娲橀崕鎶藉煝閺冨牆鍗抽柣鎰悁缁憋絾淇婇悙顏勨偓婵堢不閺嶎灛娑㈡晸閿燂拷
闂佹眹鍩勯崹浼村箺濠婂牆鏋侀柕鍫濇噳閺嬫牠鏌¢崶鈺佷户濞村吋鍔欓弻銊モ槈閾忣偄顏�
闂備礁鎲¢懝楣冩偋閸涱垱顫曟い鏃囨椤曞崬霉閿濆妫戦柣鐔活潐缁绘稒寰勫☉娆忣伓
濠电偞鎸冲Λ鍨渻閹烘梻绠旈柣鏃傚帶缁犮儵鏌嶈閸撴瑩顢氶妷銉庢棃宕橀敐鍡礃婵犵數鍋涢¨鈧柟鍑ゆ嫹
闂備礁鎲¢弻銊╁疮閹稿孩鍙忛柍鍝勬噹鐟欙箓鏌涢锝囩畺闁稿﹨椴哥换娑欏緞濞戞瑥顏�
The Family and Medical Leave Act
闂備礁鎲$敮妤呭垂瀹曞洩濮抽柕濞у嫬鐝版繝銏f硾鐎垫帡宕仦鍓х濠㈣埖绋掔€氾拷
闂佽娴烽弫鎼佸箠閹惧嚢鍥嚒閵堝棗顏搁梺鍛婄☉閿曘儵锝炲⿰鍕濠㈣埖绋掔€氾拷
闂備浇顫夊ḿ娆撴倶濠靛棴鑰块悗娑欋缚椤╄尙鎲歌箛娑辨晣闁归棿鐒﹂崑鐘绘煕閳╁啞缂氶柕鍡嫹
闂備浇鍋愰悺鏃堝垂娴兼潙绠圭憸蹇曞垝婵犳碍鏅柛鏇ㄥ墮閳ь剛鍋炵换娑欏緞濞戞瑥顏�
......闂備胶枪缁绘鈻嶉弴銏犳瀬闁绘劕鎼粈鍌涖亜閹达絾纭堕柤绋跨秺閺屾稑鈻庤箛鎾搭唨缂備浇椴哥换鍫濐潖婵傜ǹ宸濋梺顓ㄧ畱濞堟椽姊虹粙璺ㄧ疄闁告梹鍨垮畷鏇㈠箻椤旇棄浠㈤梺鐟板槻閻牓寮ㄩ懞銉х濠㈣泛顑嗙粈鈧紓浣界堪閸庡灚淇婄€涙ɑ濯寸紒娑橆儐閺傗偓闂備浇銆€閸嬫捇鏌熺粙鎸庢崳闁靛棗锕幃宄扳枎韫囨搩浼€闂佺儵鍓濋崹鍧楀极瀹ュ洣娌柤娴嬫櫅閺呪晠鏌i悢鍝ユ嚂缂佸弶鍎抽妴鎺楀醇閺囩偞顥濋梺缁橆殔閻楀繘濡存繝鍕ㄥ亾閸偅绶叉い鎴濈墢缁﹪顢曢妶鍡楊€涘銈嗙墦閸婃绮堟径鎰骇闁冲搫浼掗幋婵撹€垮〒姘e亾鐎殿喗鎸冲鍫曞箣椤撶啿鏌�
张律师欢迎您访问本站。(请在使用前对文本的时效性进行确认,内容以全国人大、国务院等公报为准)
中华人民共和国防治船舶污染内河水域环境管理规定 外商参与打捞中国沿海水域沉船沉物管理办法 Maritime 司法解释 法律
HAGUE RULES
INTERNATIONAL CONVENTION FOR THE UNIFICATION
OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING
(“HAGUE RULES”)
(Brussels, 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 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 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 set 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 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 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 the 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
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 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 liabilities, and entitled to the rights and immunities
hereinafter set forth.
Article 3
1. The carrier shall be bound before and at the beginning of the voyage to
exercise due diligence t
(a) Make the ship seaworthy.
(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
preservation.
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 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) Either the number of packages or pieces, or the quantity, or weight, as the
case 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 represent 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
expenses 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 case 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 purpose of this Article be deemed to constitute a "shipped" bill of
lading.
8. Any clause, 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 lessening such liability otherwise 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 clause shall be deemed to be a
clause 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 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 reception, carriage and preservation in accordance with the
provisions of paragraph 1 of Article 3. Whenever loss or damage has resulted
from unseaworthiness the burden of proving the exercise 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 servants of
the carrier in the navigation or in the management of the ship.
(b) Fire, unless caused by the actual fault or privity of the carrier.
(c) Perils, dangers and accidents of the sea 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 seizure under legal
process.
(h) Quarantine restrictions.
(i) Act or omission of the shipper or owner of the goods, his agent or
representative.
(j) Strikes or lockouts or stoppage or restraint of labour from whatever cause,
whether partial or general.
(k) Riots and civil commotions.
(l) Saving or attempting to save life or property at sea.
(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 cause arising without the actual fault or privity of the carrier,
or without the actual fault or neglect of the agents or servants 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 servants 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 cause without the act, fault
or neglect of the shipper, his agents or his servants.
4. Any deviation in saving or attempting to save life or property at sea 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 inserted 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 consented 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
expenses directly or indirectly arising out of or resulting from such shipment.
If any such goods shipped with such knowledge and consent 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 increase any of his responsibilities and obligations
under this Convention, provided such surrender or increase 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 case of a ship under a charter party
they shall comply with the terms of this Convention. Nothing in these rules
shall be held to prevent the insertion 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 seaworthiness, so
far as this stipulation is not contrary to public policy, or the care or
diligence of his servants or agents in regard to the loading, handling, stowage,
carriage, custody, care and discharge of the goods carried by sea, provided that
in this case 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 course 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, reservation 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 subsequent to, the discharge from the ship on which the
goods are carried by sea.
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 sea-going vessels.
Article 9
The monetary units mentioned in this Convention are to be taken to be gold
value.
Those contracting States in which the pound sterling is not a monetary unit
reserve to themselves 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 reserve 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 itself in communication
with the Governments of the High Contracting Parties which have declared
themselves prepared to ratify the Convention, with a view to deciding whether it
shall be put into force. The ratifications shall be deposited at Brussels 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 representatives
of the Powers which take part therein and by the Belgian Minister of Foreign
Affairs.
The subsequent deposit of ratifications shall be made by means of a written
notification, addressed 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
sent by the Belgian Government through the diplomatic channel to the Powers who
have signed this Convention or who have acceded to it. In the cases 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 present Convention whether or not they
have been represented at the International Conference at Brussels.
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 present Convention does not
include any or all of the self-governing dominions, or of the colonies, overseas
possessions, protectorates or territories under their sovereignty or authority,
and they may subsequently accede separately on behalf of any self-governing
dominion, colony, overseas possession, protectorate or territory excluded in
their declaration. They may also denounce the Convention separately in
accordance with its provisions in respect of any self-governing dominion, or any
colony, overseas possession, protectorate or territory under their sovereignty
or authority.
Article 14
The present Convention shall take effect, in the case 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 subsequently or which accede, and also in
cases in which the Convention is subsequently 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 present
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 exercise this right should notify its intention to the other
States through the Belgian Government, which would make arrangements for
convening the Conference.
DONE at Brussels, in a single copy, August 25th, 1924.
更多阅读:
张律师感谢您访问本站。(请在使用前对文本的时效性进行确认,内容以全国人大、国务院等公报为准)
缂傚倸鍊烽悞锕傛偡閵堝洨绀婃俊顖濆吹椤╃兘鎮楅敐搴″闁活厽绻傞埥澶愬箼閸愌呯泿缂備浇缈伴崕鎶藉极椤曗偓閺佹捇鏁撻敓锟�
闂佽崵鍋炵粙鎴﹀嫉椤掑嫬妫橀柛灞惧焹閺嬫牠鏌¢崶锝嗩潑婵炲吋鍔欓弻鏇㈠幢閺囩喓銈板銈庡亜椤﹁京鍒掗埡鍛亼闁告侗鍨抽悰锟�
闂備礁鎲¢弻銊╁疮閹稿孩鍙忛柍杞拌閺嬫牠鏌¢崶锝嗩潑婵炵》鎷�
闁诲氦顫夐幃鍫曞磿閺夊簱鏀介柍褜鍓欒彁闁搞儯鍔庣粻鐐寸箾閸滃啯瀚�
闁诲氦顫夐幃鍫曞磿鐎靛摜鐭堟い鎰剁畱缂佲晜銇勯弽銊ф噮閻㈩垱鐩幃宄扳枎韫囨搩浠奸梺浼欑秶閹凤拷
濠电姷鏁告慨鐢告嚌閸欍儳鏄傞梻浣界毇閸曨剦娼″銈嗘煥濞差厼顕i崼鏇炵伋闁肩⒈鍏涚槐锟�
闂備浇顫夊ḿ娆撴倶濠靛棴鑰块悗娑欋缚椤╄尙鎲稿鍥潟闁硅揪绠戦惌妤呮煙鐎电ǹ啸闁汇儱鎳橀弻锕傚焵椤掑嫬唯鐟滄粓宕ラ埀顒勬⒑閼姐倕鍓抽柟鍑ゆ嫹...
闂佽崵濮村ú锝囩矆娓氣偓瀹曞搫饪伴崼婵堫唴闂佸搫娴勭槐鏇㈠Χ椤愶附鐓曢柍鍝勫€归妵婵嬫煕閿濆懎鈷旈柟椋庡█瀹曠喖顢旈崱妤冪暰...
缂傚倷绀侀ˇ顔剧矆娴h 鍋撳顓犳噰妤犵偛閰e鎾晬閸曗晛浜介梻浣虹《閺呮粌顪冩禒瀣棷濡わ絽鍟崕搴ㄦ煙鐎电ǹ校濠靛偊鎷�...
婵犳鍠楄摫闁搞劌鐏濊灋闁秆勵殔绾惧綊鏌i弮鍌滃笡鐎规挸绉瑰娲敃閵忕姭鍋撴繝姘瀬闁靛牆鎳夐弸鏍煛閸モ晛浠уù纭锋嫹...
濠电偛鐡ㄧ划宥囨暜閹烘挻鍙忛柍鍝勬噹閻鈧厜鍋撻柛鎰靛幐閸嬫挻绂掔€n偅娅栭梺璺ㄥ櫐閹凤拷
婵犵數鍋涢ˇ鏉棵洪弽顐n偨闁靛鏅涘浠嬫煏婵犲海鍘涢柛銈忔嫹
濠电偛鐡ㄧ划宀勫箹椤愶絾鍙忛煫鍥ㄦ礃鐏忓酣鏌涢弴銊ュ闁绘牞浜槐鎺楁偑閸涱垳锛熼梺璇″枛閿曨亜鐣烽鍫澪╂い顓熷灥濞堬拷
闂備礁鎲$敮鐔封枖濞戞埃鍋撶憴鍕枙鐎殿喓鍔戦幃鐑芥偋閸喓閽�
闂傚倸鍊甸崑鎾绘煙缁嬪灝顒㈤柛鈺佸€块弻娑橆潩椤掑倸顣圭紓鍌氱У濡啴寮澶嬫櫢闁跨噦鎷�
闂佹眹鍩勯崹铏仚闂佸憡娲橀崕鎶藉煝閺冨牆鍗抽柣鎰悁缁憋絾淇婇悙顏勨偓婵堢不閺嶎灛娑㈡晸閿燂拷
濠电偞鎸冲Λ鍨渻閹烘梻绠旈柣鏃傚帶鐟欙箓鏌涢顒傜У婵炵》鎷�
闁诲骸鐏氬姗€顢栭崨顖滅當闁逞屽墴閺岋繝宕煎┑鍩裤垹鈹戦鎯ф灈鐎殿喓鍔戦獮鍡涘级鐠恒劉鍋撻銏$厸鐎广儱鎳忛幖鎰版煕閿濆繑瀚�