中華人民共和國海商法(一)

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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.