国际海上运输：Carriage of goods by sea
《国际货物运输合同》英文版
《国际货物运输合同》英文版INTERNATIONAL CARRIAGE OF GOODS CONTRACT.ARTICLE 1. SPHERE OF APPLICATION.This Convention applies to all contracts for the carriage of goods by sea between different States, where the States of departure and destination are both Contracting States.ARTICLE 2. DEFINITIONS.In this Convention:(a) "Carrier" means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.(b) "Contract of carriage" means a contract for the carriage of goods by sea which is evidenced by a bill oflading.(c) "Goods" means any goods, including containers, pallets and other similar articles of transport used to facilitate the carriage of goods.(d) "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.(e) "Bill of lading" means a document which evidences a contract of carriage of goods 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.(f) "Consignee" means the person entitled to take delivery of the goods.ARTICLE 3. FORM OF THE BILL OF LADING.(1) The bill of lading shall be made out in writing. Itshall be signed by the carrier or his agent and by the shipper. The signature of the carrier or his agent may be printed or stamped.(2) The bill of lading shall contain the following particulars:(a) The name of the carrier.(b) The name of the shipper.(c) The name of the consignee.(d) The place and date of issue of the bill of lading.(e) A description of the goods, including their quantity, marks and numbers.(f) The port of loading.(g) The port of discharge.(h) The agreed freight for the carriage of the goods.(i) Such other particulars as are customary in the trade.ARTICLE 4. DUTIES OF THE CARRIER.(1) The carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried under the contract of carriage.(2) The carrier shall issue a bill of lading for the goods carried under the contract of carriage.(3) The carrier shall provide a seaworthy ship for the carriage of the goods.(4) The carrier shall properly and carefully operate the ship for the carriage of the goods.(5) The carrier shall take all necessary measures to ensure the safety of the goods carried under the contractof carriage.ARTICLE 5. DUTIES OF THE SHIPPER.(1) The shipper shall properly and carefully pack, mark and label the goods to be carried under the contract of carriage.(2) The shipper shall provide the carrier with such information as is necessary for the safe carriage of the goods.(3) The shipper shall pay the freight for the carriage of the goods.ARTICLE 6. RIGHTS OF THE CARRIER.(1) The carrier shall have the right to:(a) Lien on the goods for freight, demurrage and other charges;(b) General average;(c) Salvage;(d) Freight prepaid.(2) The carrier shall have the right to terminate the contract of carriage if the shipper fails to perform his obligations under the contract.ARTICLE 7. RIGHTS OF THE SHIPPER.(1) The shipper shall have the right to:(a) Inspect the goods before shipment;(b) Stop the goods in transit;(c) Divert the goods;(d) Require the carrier to deliver the goods at the port of discharge specified in the bill of lading;(e) Sue the carrier for damages in case of loss or damage to the goods.ARTICLE 8. LIABILITY OF THE CARRIER.(1) The carrier shall be liable for loss or damage tothe goods carried under the contract of carriage, unless he proves that the loss or damage was caused by:(a) An act or omission of the shipper or consignee;(b) An inherent defect in the goods;(c) An act of war, hostilities, civil war, insurrection or a natural disaster;(d) An arrest or restraint of princes, rulers or people;(e) A strike, lockout or stoppage of work;(f) A quarantine restriction;(g) Any other cause beyond the reasonable control ofthe carrier.(2) The carrier shall not be liable for loss or damageto the goods carried under the contract of carriage if the loss or damage was caused by:(a) The intentional or negligent act or omission of the shipper or consignee;(b) The willful misconduct of the carrier or his servants or agents;(c) An inherent defect in the goods;(d) An act of war, hostilities, civil war, insurrection or a natural disaster;(e) An arrest or restraint of princes, rulers or people;(f) A strike, lockout or stoppage of work;(g) A quarantine restriction;(h) Any other cause beyond the reasonable control of the carrier.ARTICLE 9. LIMITATION OF LIABILITY.(1) The liability of the carrier for loss or damage to the goods carried under the contract of carriage shall not exceed the value of the goods at the time of shipment.(2) The carrier shall not be liable for indirect or consequential loss or damage.ARTICLE 10. TIME-BAR.(1) An action for loss or damage to the goods carried under the contract of carriage shall be time-barred after one year from the date of delivery of the goods or from the date when the goods should have been delivered.(2) An action for delay in the delivery of the goods carried under the contract of carriage shall be time-barred after one year from the date when the goods were delivered or from the date when the goods should have been delivered.ARTICLE 11. JURISDICTION AND ARBITRATION.(1) Any dispute arising under this Convention shall be subject to the jurisdiction of the courts of the State in which the port of loading or the port of discharge is situated.(2) Any dispute arising under this Convention may be submitted to arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).ARTICLE 12. FINAL PROVISIONS.(1) This Convention shall enter into force on the first day of the sixth month following the date of its adoption by the General Assembly of the United Nations.(2) Any State which becomes a party to this Convention after the date of its entry into force shall become bound by its provisions on the first day of the sixth month following the date of its ratification, acceptance or approval.(3) This Convention shall be open for accession by all States.(4) This Convention shall be subject to denunciation by any State at any time after the expiration of five years from the date on which it became bound by the Convention.(5) The denunciation shall be notified to theSecretary-General of the United Nations.(6) The denunciation shall take effect on the first day of the sixth month following the date on which the notification is received by the Secretary-General of the United Nations.。
carriage of goods by sea (2)
5.6 电子提单
载货清单 (P164-5行)
1
第7行 至段末
The developments already „„ ranging from vessel manifests to bill of lading data „„ traditional paper documents. 过去提单的发展只是在程序上做改变，现在有人提出用现代科技来解 决问题，电子技术作为交流方式广泛应用于企业的各种信息传递，从 船舶的载货清单到提单收据。问题是，电子提单能不能完全替代传统 的纸质提单。 For any new system „„ interests of others clearly conflict. 电子提单系统的生效必须被各利益团体（托运人、承运人、货主、银行、 承保人和船东互保协会）所接受。 第二段 A recent wide-ranging survey „„ the terms of the contract of carriage. 由UNCTAD（联合国贸易和发展会议 ）做的调查表明，电子提单想要替 代传统的纸质提单必须满足两个要求：复制传统提单的功能；必须享有 相同的法律认可。毫无疑问，一个电子提单能够满足纸质提单的两个功 能：货物收据和运输合同条款的证明。
本节难句：Again , although s l (5) of the 1992 Act provides for regulations „„ no such regulations have yet appeared.（P165 第 二段第8行) 而且，尽管1992年法案第一条第五款规定了由各州相关秘书部可以为适用 法案条款关于“信息技术在哪里使用”而制定条款，但是现在还没有这类 条款出现。
结构 (P16710行)
lec6carriageofgoodsbysea
6.3 the most important shipping document-bill of lading
• The legal characteristics of B/L • - formal receipt of goods; • - evidence of contract of carriage of
4
6.2 the contract of carriage
of goods by sea
• 1. the conclusion of the contract of carriage of goods by sea
• - the contract is concluded through offer and acceptance , prior to the issuance of bill of lading ,so B/L is merely an evidence to the contract of carriage of goods by sea.
• -Bill of lading has two sides , face side and back side . Face side is filled out by the shipper and back side is a printed form made by the carrier beforehand
LECTURE 6 CARRIAGE OF GOODS BY SEA
1
6.1. the course of business in the carriage of goods by sea
• 1. Shipper(exporter) ,if the sales contract is based on basis of CIF or CFR , usually seeks a forwarder (货运代理) who will book shipping space or charter a ship for the shipper;
海商法 第五章 海上货物运输合同
采用了《汉堡规则》基本相似的规定,。即承运人的责 任期间从装货港接收货物时起至卸货港交付货物时止, 货物处于承运人掌管下的全部期间 （the entire period during which the carrier is in charge of the goods, -taken over the goods at the port of loading, until the goods have been delivered at the port of discharge。）
东船务代理公司办理了提货手续，并将正本提单交付 给船务代理公司.
问题：
（1）此提单是什么性质的提单？该提单的收货人是商贸 公司吗？
（2）如提单背面写的是“YUXIN, Co, Ltd.”，收货人是 谁？
（3）如提单背面写的是“GANGFULAN, Inc”，收货人 是谁？
2、 国际海上货物运输：两个不同国家港口之间的货物运 输。
注意：沿海运输由《水路货物运输合同实施细则》
《水路货物运输规则》（“货规”）（“水 规”）
《合同法》
《水路货物运输管理规则》
二、海上货物运输合同的特征
1、相比一般民事合同，双方当事人“意思自治”的余 地有限。
2、收货人大多是合同第三方，不参与合同订立，但合 同履行过程中，成为合同第三方。
三、国际海上货物运输合同的种类
并对制作的勘验记录出具了公证书。检验记录表明查验 大葱共计120吨，腐烂数量69．15吨，腐烂率为 57．625％。该批大葱价格270美元／吨。以全损 69．15吨计算，货损CNF价值为154965．15RMB。货 物回运后产生卸车费960元、包装网袋费9000元、二次 分检加工费3万及公证费1200元，合计41160元人民币。 该5个货柜的货物运费5200美元，69。15吨的运费经折 算为24870元人民币，因未装船原告未予支付。
汉堡规则 百度百科
汉堡规则是联合国海上货物运输公约（United Nations Convention on the Carriage of Goods by Sea，1978）的简称。
于1978年3月6日至31日在德国汉堡举行由联合国主持的由78国代表参加的海上货物运输大会讨论通过，于1992年11月1日生效。
截至1996年10月，共有成员国25个，其中绝大数为发展中国家，占全球外贸船舶吨位数90％的国家都未承认该规则。
制定背景海牙规则是本世纪20年代的产物，曾发挥它应有的作用，随着国际贸易和海运的发展，要求修改海牙规则的呼声不断，对其进行修改已在所难免。
如何进行修改，两种思路导致了两种不同的结果。
一种是以英国、北欧等海运发达国家的船方利益为代表，由国际海事委员负责起草修改，最终导致海牙―― 维斯比规则产生。
对海牙规则的一些有益修改，对维护在海牙规则基础上的船货双方利益起了一定的积极作用。
另一种思路来自广大的发展中国家，代表了货主的利益，提出彻底修改海牙规则的要求日益高涨，联合国贸易和发展会议的航运委员会于1969年4月的第三届会议上设立了国际航运立法工作组，研究提单的法律问题。
工作组在1971年2月，国际航运立法工作组召开的第二次会议上作出两项决议：第一，对海牙规则和维斯比规则进行修改，必要时制定新的国际公约；第二，在审议修订上述规则时，应清除规则含义不明确之处，建立船货双方平等分担海运货物风险的制度。
后来，此项工作移交给联合国国际贸易法委员会。
该委员会下设的国际航运立法工作组，于1976年5月完成起草工作，并提交1978年3月6日至31日在德国汉堡召开的有78个国家代表参加的联合国海上货物运输公约外交会议审议，最后通过了1978年联合国海上货物运输公约。
由于这次会议是在汉堡召开的，所以这个公约又称为汉堡规则。
根据汉堡规则的生效条件规定：“本公约自第二十份批准书、接受书、认可书或加入书交存之日起满一年后的次月第一日生效。
国际货运代理专业术语解释
COGSA
Carriage of Goods by Sea Act
海上货物运输法
COM
Commission
佣金
CONS
Consumption
消耗
CVGP
customs value per gross pound
海关价值，每磅毛重
盒，箱
CAC
currency adjustment charge
货币（贬值）附加费
CAConf
Cargo Agency Conference (IATA)
货物代理会议（国际航空运输协会）
CAD
cash against documents
凭单据付款
CAF
Currency adjustment factor
银行汇票
both dates (days) inclusive
包括首尾两日
bdth.
breadth
宽度
Bdy.
Boundary
边界
BENDS
Both ends
两端（装货和卸货港）
B/G
Bonded goods
保税货物
BIMCO
Baltic International Maritime Conference
账，因为
ACOL
After completion of lading
装货结束后
a.d. a/d
After date
在指定日期后
ADDCOM
Address commission
回扣佣金
Add-on
…tariff(also proportional rate or arbitrary[inUSA])
国际商法Carriage of Goods by Sea海上货物运输
单据。
2. Three Functions of Bill of Lading
1) Bill of lading is a document which evidences a
contract of carriage by sea between the carrier and the
the goods arrive at the port of departure before the
vessel does. This type of B/L is not considered a
complete B/L and is replaced by a shipped on board bill
II 1. Bill Whatof Is Lading Bill of Lading?
A document which evidences a contract of carriage by sea and the taking over or loading of the goods by the
根据《海牙一维斯比规则》第1条第1款对《海牙规则》第3条第 4款的补充：“但是提单如转让至善意受让人手中，即作为对承 运人有约束力的最终证据”。即使承运人能够提出有效证据以 证明其实际接受或装船的货物与提单所载内容不符，也不得借 此对抗善意的提单受让人，而应按提单上的记载如实向提单持 有人交付货物。 本案中，提单在承运人与收货人之间是最终证据，承运人应当 向收货人承担货物短缺责任。
《 汉 堡 规 则 》 第 1 条 第 7 款 ： 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. 提单，是用 以证明海上运输合同和由承运人接管或装载货物，以及承运人 保证据以交付货物的单证。 《中华人民共和国海商法》：提单是用以证明海上运输合同的 订立和货物已由承运人接收或者装船、以及承运人保证据以交 付货物的单据。
carriage of goods by sea (3)
3.4.4 (Ⅰ)滞期费
• • • • • 产生滞期费的适用条件 产生滞期费后的法律效果 滞期费的计算 滞期费过高与过低的法律效果 一旦滞期费开始计算，就不中止
3.4.4(Ⅱ)延误损害赔偿金
• • • • 产生延误损害赔偿金的适用条件 延误损害赔偿金的计算 船东对合同解除权的取得 船东取得合同解除权后可以做出的选择
vt. 预见;预知
Thus in Grant v Coverdale where a vessel had been chartered to proceed to Cardiff and load a cargo of iron, there was an exception covering ‘hands striking work, or frost or floods, or any other unavoidable accidents preventing the loading’.
3.4.3(Ⅱ)装卸时间的中止
• • 合同中未确定装卸时间时的中止条件 合同中确定装卸时间时的中止条件
本节词汇
hindrance（第一段第一行）
['hindrəns]
n. 妨碍;障碍 obstruction （第一段第一行）
['stipjuleit]
n.阻碍;妨碍;阻塞
In the majority of cases, however, the charterparty will include exceptions providing for the suspension of laytime on the occurrence of the more frequent causes of delay in loading and discharging such as congestion in port, strikes, bad weather, civil commotions or even ‘any other cause beyond the control of the charterers’. （第二 段倒数第五行）
2023年国际货运代理从业人员资格考试国际货代英语
全国国际货运代理从业人员资格考试（国际货代英语）试卷及答案答案：一、单项选择.1.D.2.B.3.B.4.B.5.A.6.B.7.D.8.C.9.A.10.B.11.D.12.B.13.B.14.C.15.B.16.B.17.A;18.B.19.B.20.C.二、判断.1.F.2T.3.F.4.T.5.T.6.T.7.T.8.F.9.T.10.T.11.T.12.F.13.F.14.F.15.F.16.T.17..18.T.19.F.20.F.三、多选.（每题2分，共20分）1.ABC.2.BD.3.ABCD.4.AD.5.AB.6.AD.7.AB.8.BC.9.ABC.10.BC.四、英汉互译.（每题1分，共20分）1．英译汉(1)清关（通关）；(2)一般货品（件杂货、杂货、一般货品）；(3)保险费；(4)分批装运（分批装船）；(5)港口拥挤附加费；(6)装货单（装运单、下货纸）；(7)等级运价（等级费率、等级货品运价）；(8)跟单信用证统一通例.(9)集装箱货运站；(10)保函（保证函）。
2．汉译英(1)shippin.document（transpor.document,transportatio.document,shipmen.document）.(2)transshipmen.additional.(3) Ai.Waybill.(4)particula.average;(5)inheren.vice.(6)internationa.trade.(7)constructiv.tota.loss.(8)no tic.o.readiness.(9)custom.formalities.(10)carriag.o.good.b.road（nd）五、英文单证操作.（20分）(1)Chin.XY.impor.an.expor.corp..(2.t.orde..(3.UV.corporation.;(4.Golde.Star.018E.(5.Qingdao.(6.Osaka.(7.GSTU3156712/20’.(8.ITOCH.OSAK.NO.1-800.(9)(on.containe.contents.80.Cartons(CTS).(10.100.Cotto.Towel.(11..KGS;.(12)freigh.prepaid.(13.Qin gdao.Octobe.14...(14.Three(3).(15)BB.shippin.agenc.a.agen.fo.AA.shippin.Co.a.carrier;(1.Chin.XY.impor.an.expor.corp.;(2.100.Cotto.Towel.(3)USD9900;(4.coverin.th.Institut.Carg.Cla use.(A).th.Institut.Wa.Clauses.(5.Octobe.14.。
《国际货物运输合同》英文版原文
《国际货物运输合同》英文版原文英文回答：International Contract for the Carriage of Goods.Article 1. Definitions.For the purposes of this Contract, the following terms shall have the meanings hereby assigned to them:"Carrier" means the person or entity that undertakes to carry the Goods from the place of receipt to the place of delivery."Consignor" means the person or entity that enters into a contract with the Carrier for the carriage of the Goods."Consignee" means the person or entity to whom or to whose order the Goods are to be delivered."Goods" means the movable property that is the subject of the contract of carriage."Place of receipt" means the place where the Carrier takes the Goods into its custody."Place of delivery" means the place where the Carrier delivers the Goods to the Consignee."Freight" means the payment that the Consignor is required to make to the Carrier for the carriage of the Goods."Demurrage" means the payment that the Consignor is required to make to the Carrier for the delay in loading or unloading the Goods."Detention" means the payment that the Consignor is required to make to the Carrier for the delay in delivering the Goods."General average" means the expenses incurred by the Carrier in the preservation of the Goods and the ship or other means of carriage in the event of a peril at sea."Salvage" means the services rendered by a person or entity to save the Goods or the ship or other means of carriage in the event of a peril at sea.Article 2. Application.This Contract shall apply to all contracts for the carriage of Goods by sea, unless the parties otherwise agree.Article 3. Carriage of Goods.1. The Carrier shall carry the Goods from the place of receipt to the place of delivery in accordance with the terms of this Contract.2. The Carrier shall be responsible for the safety and preservation of the Goods during the carriage.3. The Carrier shall not be liable for any loss or damage to the Goods that is caused by an act or omission of the Consignor, Consignee, or any other third party.Article 4. Freight.1. The Consignor shall pay the freight to the Carrier in accordance with the terms of this Contract.2. The freight shall be payable in advance, unless otherwise agreed by the parties.Article 5. Demurrage.1. If the Consignor delays in loading or unloading the Goods, the Carrier shall be entitled to charge demurrage.2. The demurrage shall be payable at the rate specified in this Contract, unless otherwise agreed by the parties.Article 6. Detention.1. If the Carrier delays in delivering the Goods, the Consignor shall be entitled to charge detention.2. The detention shall be payable at the rate specified in this Contract, unless otherwise agreed by the parties.Article 7. General Average.1. If the Carrier incurs any expenses in the preservation of the Goods and the ship or other means of carriage in the event of a peril at sea, the Consignorshall be liable for a proportionate share of such expenses.2. The Consignor's share of the general average shall be payable to the Carrier in accordance with the terms of this Contract.Article 8. Salvage.1. If a person or entity renders services to save the Goods or the ship or other means of carriage in the eventof a peril at sea, the Consignor shall be liable for a proportionate share of the salvage.2. The Consignor's share of the salvage shall be payable to the person or entity that rendered the services in accordance with the terms of this Contract.Article 9. Governing Law.This Contract shall be governed by and construed in accordance with the laws of the country where the place of receipt is located, unless otherwise agreed by the parties.Article 10. Arbitration.Any dispute arising out of or in connection with this Contract shall be referred to arbitration in accordance with the rules of the International Chamber of Commerce.中文回答：国际货物运输合同。
美国1936年海上货物运输法
The Carriage of Goods by Sea Act(COGSA)46 United States Code §§ 1300-1315INDEX TO The Carriage of Goods By Sea Act§ 1300 Bills of lading subject to chapter.§ 1301 Defenitions.§ 1302 Duties and rights of carrier.§ 1303 Responsibilities of carrier and ship.§ 1304 Rights and immunities of carrier and ship.§ 1305 Surrender of rights; increase of liabilities; charter parties; general average.§ 1306 Special agreement as to particular goods.§ 1307 Agreement as to liability prior to loading or after discharge.§ 1308 Rights and liabilities under other provisions.§ 1309 Discrimination between competing shippers.§ 1309 Discrimination between competing shippers.§ 1311 Liabilities before loading and after discharge; effect on other laws.§ 1312 Scope of chapter; "United States"; "foreign trade."§ 1313 Suspension of provisions by President.§ 1314 Effective date; retroactive effect.§ 1315 Short title.§ 1301 Defenitions.When used in this chapter --(a) The term "carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper.(b) The term "contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, insofar 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) The term "goods" includes goods, wares, merchandise, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried.(d) The term "ship" means any vessel used for the carriage goods by sea.(e) The term "carriage of goods" covers the period from the time when the goods are loaded on to the time when they are discharged from the ship.§ 1302 Duties and rights of carrier.Subject to the provisions of section 1306 of this title, 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 set forth in sections 1303 and 1304 of this title.§ 1303 Responsibilities of carrier and ship.[1] Seaworthiness.The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to :(a) Make the ship seaworthy;(b) Properly man, equip, and supply the ship;(c) Make the holds, refrigerating and cooling chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation.[2}Cargo.The carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.[3] Contents of bill.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 reasonableground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.[4] Bill as prima facie evidence.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 paragraphs (3)(a), (b), and (c), of this section: Provided, That nothing in this chapter shall be construed as repealing or limiting the application of any part of sections 81 to 124 of Title 49.[5] Guaranty of statements.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 indemnify 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] Notice of loss or damage; limitation of actions.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, 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.Said notice of loss or damage may be endorsed upon the receipt for the goods given by the person taking delivery thereof.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: Provided, That if a notice of loss or damage, either apparent or concealed, is not given as provided for in this section, that fact shall not affect or prejudice the right of the shipper to bring suit within one year after the 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] "Shipped" bill of lading.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 the same shall for the purpose of this section be deemed to constitute a "shipped" bill of lading.[8] Limitation of liability for negligence.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 connection with the goods, arising from negligence, fault, or failure in the duties and obligations provided in this section, or lessening such liability otherwise than as provided in this chapter, shall be null and void and of no effect. A benefit of insurance in favor of the carrier, or similar clause, shall be deemed to be a clause relieving the carrier from liability.§ 1304 Rights and immunities of carrier and ship.[l] Unseaworthiness.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 section 1303 of this title. Whenever loss or damage has resulted from unseaworthiness, the burden of proving the exercise of due diligence shall be on the carrier or other persons claiming exemption under this section.[2] Uncontrollable causes of loss.Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from&emdash;(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 privily of the carrier;(c) Perils, dangers, and accidents of the sea or other navigate] waters;(d) Act of God;(e) Act of war;(f) Act of public enemies;(g) Arrest or restraint of princes, rulers, or people, or seizur 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 labor from whatever cause, whether partial or general: Provided, That nothing herein contained shall be construed to relieve a carrier from responsibility for the carrier's own acts; (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) Insuffciency of packing;(o) Insuffciency or inadequacy of marks;(p) Latent defects not discoverable by due diligence; and(q) Any other cause arising without the actual fault and privily of the carrier and without the 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 privily of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.[3] Freedom from negligence.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] Deviations.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 chapter or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom: Provided, however, That if the deviation is for the purpose of loading or unloading cargo or passengers it shall, prima facie, be regarded as unreasonable.[5] Amount of liability; Valuation of cargo.Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the transportation of goods in an amount exceeding $500 per package lawful money of the United States, or in case of goods not shipped in packages, per customary freight 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 andinserted in the bill of lading. This declaration, if embodied in the bill of lading, shall be prima facie evidence, but shall not be 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. In no event shall the carrier be liable for more than the amount of damage actually sustained. Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connection with the transportation of the goods if the nature or value thereof has been knowingly and fraudulently misstated by the shipper in the bill of lading.[6] Inflammable, explosive, or dangerous cargo.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 damages 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.§ 1305 Surrender of rights; increase of liabilities; charter parties; general average.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 liabilities under this chapter, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.The provisions of this chapter 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 chapter. Nothing in this chapter shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.§ 1306 Special agreement as to particular goods.Notwithstanding the provisions of sections 1303 to 1305 of this title, 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 the stipulation reBarding seaworthiness 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 oflading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a nonnegotiable document and shall be marked as such.Any agreement so entered into shall have full legal effect: Provided, That this section 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.§ 1307 Agreement as to liability prior to loading or after discharge.Nothing contained in this chapter 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 connection 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.§ 1308 Rights and liabilities under other provisions.The provisions of this chapter shall not affect the rights and obligations of the carrier under the provisions of the Shipping Act, 1916, or under the provisions of sections 175, 181 to 183, and 183b to 188 of this title or any amendments thereto; or under the provisions of any other enactment for the time being in force relating to the limitation of the liability of the owners of seagoing vessels.§ 1309 Discrimination between competing shippers.Nothing contained in this chapter shall be construed as permitting a common carrier by water to discriminate between competing shippers similarly placed in time and circumstances, either (a) with respect to their right to demand and receive bills of lading subject to the provisions of this chapter; or (b) when issuing such bills of lading, either in the surrender of any of the carrier's rights and immunities or in the increase of any of the carrier's responsibilities and liabilities pursuant to section 1305 of this title; or (c) in any other way prohibited by the Shipping Act, 1916, as amended§ 1309 Discrimination between competing shippers.Where under the customs of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper, and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in this chapter, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.§ 1311 Liabilities before loading and after discharge; effect on other laws.Nothing in this chapter shall be construed as superseding any part of sections 190 to 196 of this title, or of any other law which would be applicable in the absence of this chapter, insofar as they relate to the duties, responsibilities, and liabilities of the ship or carrier prior to the time when the goods are loaded on or after the time they are discharged from the ship.§ 1312 Scope of chapter; "United States"; "foreign trade."This chapter shall apply to al1 contracts for carriage of goods by sea to or from ports of the United States in foreign trade. As used in this chapter the term "United States" includes its districts, territories, and possessions. The term "foreign trade" means the transportation of goods between the ports of the United States and ports of foreign countries. Nothing in this chapter shall be held to apply to contracts for carriage of goods by sea between any port of the United States or its possessions, and any other port of the United States or its possessions: Provided, however, That any bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea between such ports, containing an express statement that it shall be subject to the provisions of this chapter, shall be subjected hereto as fully as if subject hereto by the express provisions of this chapter: Providedfurther, That every bill of lading or similar document of title which is evidence of a contract for the carriage of goods by sea from ports of the United States, in foreign trade, shall contain a statement that it shall have effect subject to the provisions of this chapter.§ 1313 Suspension of provisions by President.Upon the certification of the Secretary of Commerce that the foreign commerce of the United States in its competition with that of foreign nations is prejudiced by the provisions, or any of them of sections 1301 to 1308 of this title, or by the laws of any foreign country or countries relating to the carriage of goods by sea, the Presidentof the United States may, from time to time, by proclamation, suspend any or all provisions of said sections for such periods of time or indefinitely as may be designated in the proclamation. The President may at any time rescind such suspension of said sections, and any provisions thereof which may have been suspended shall thereby be reinstated and again apply to contracts thereafter made for the carriage of goods by sea. Any proclamation of suspension or rescission of any such suspension shall take effect on a date named therein, which date shall be not less than ten days from the issue of the proclamation.Any contract for the carriage of goods by sea, subject to the provisions of this chapter, effective during any period when sections 1301 to 1308 of this title, or any part thereof, are suspended, shall be subject to all provisions of law now or hereafter applicable to that part of said sections which may have thus been suspended.§ 1314 Effective date; retroactive effect.This chapter shall take effect ninety days after April 16, 1936; but nothing in this chapter shall apply during a period not to exceed one year following April 16, 1936, to any contract for the carriage of goods by sea, made before April 16, 1936, nor to any bill of lading or similar document of title issued, whether before or after such date in pursuance of any such contract as aforesaid.§ 1315 Short title.This chapter may be cited as the "Carriage of Goods by Sea Act."。
国际货运代理专业术语解释
ccx
collect
货到付款
C/D
customs declaration
海关申报单
CEM
European conference on goods train Timetables
货车时刻表欧洲会议
CEVNI
European code for Inland Waterways
欧洲内河航道代码
全部拆散的（非装配的）
Cl.
Classification
分类，定级
CLC
Civil Liability Convention
国际由于损害民事责任公约
clean B/L
clean Bill of lading
清洁提单
cm
centimeters(s)
公分（厘米）
cm3
cubic centimeter(s)
货价，保险费，运费，佣金
cost, insurance, freight, commission and exchange
货价，保险费，运费，佣金，兑换
cost, insurance, freight, commission and interest
货价，保险费，运费，佣金，利息
cost, insurance, freight, interest and commission
立方厘米
CMR
Convention on the Contract for the International
国际公路货运合同公约
C/N
consignment note
发货通知书
cnee
consignee
收货人
cnmt/consgt
《海牙规则》(Hague Rules)
《海牙规则》（Hague Rules）《海牙规则》（Hague Rules）是《统一提单的若干法律规定的国际公约》（internationalConventionfor the Unification of Certain Rules of Law Relating toBillsofLading）的简称。
它是1924年8月25日在比利时布鲁塞尔由26个国家代表出席的外交会议签署的，于1931年6月2日起生效，截至1997年2月，加入该规则的国家和地区共有88个。
一、《海牙规则》产生的背景提单的使用由来已久。
早期的提单，无论是内容还是格式，都比较简单，而且其作用也较为单一，仅作为货物的交接凭证，只是表明货物已经装船的收据。
随着国际贸易和海上货物运输的逐步发展，提单的性质、作用和内容特别是其中的背面条款都发生了巨大变化。
在提单产生的早期，即自货物托运形式出现后的很长一个时期，在海上航运最为发达的英国，一方面，从事提单运输的承运人，即英国习惯上视为“公共承运人”（CommonCarrier）必须按照英国普通法（Commonlaw）对所承运的货物负绝对责任，即负有在目的港将货物以装货港收到货物时的相同状态交给收货人的义务，对所运货物的灭失或损坏，除因天灾（ActofGod）、公敌行为（QueensEnemies）、货物的潜在缺陷、托运人的过错行为所造成，或属于共同海损损失之外，不论承运人本人、船长、船员或其他受雇人、代理人有无过错，承运人均应负赔偿责任。
但另一方面，法律对私人合同却采取“契约自由”原则，这就为承运人逃避普通法上的法律责任打开了方便之门，承运人在提单上列入对货物灭失或损失免责的条款，强加给货主的各种不公平的条件和不应承担的风险越来越多。
这种免责条款从18世纪开始出现，到19世纪中期的后半期，便发展到不可收拾的地步。
有的提单上的免责事项甚至多达六七十项，以至有人说，承运人只有收取运费的权利，无责任可言。
国际货运包装标准__
国际货运包装标准__
国际货运包装标准主要是指《国际货运包装联合会（ICC）公约》（The International Convention for the Carriage of Goods by Sea），该公约于1966年7月31日签署，1981年1月1日生效，是国际海运货物责任的首要法律文件。
该公约规定了国际海运货物的包装要求，其中包括：
1. 包装必须具备足够的强度、密封性和耐久性，以保护货物免受损害。
2. 包装必须符合国际货运联合会（ICC）有关规定，并且具备正确的标志和标记。
3. 包装应具备足够的抗潮性能，以减少货物在运输过程中受到潮湿环境的影响。
4. 包装应具备足够的防火性能，以防止货物在运输过程中受到火灾的损害。
5. 包装应具备足够的防撞性能，以防止货物在运输过程中受到碰撞的损害。
carriage of goods by sea2
P.340-34215.2 违约后果很明显，合同的条款并不具有相同的重要性。
有些特定条款的履行对合同的继续存在是必不可少的，而另外一些条款的履行可能是次要的，即使这些条款没有全部履行，合同目的也能基本实现。
这里还存在第三类条款，根据这类条款，违约后果的不同取决于违约的性质和案例的实际情况。
15.2.1条件条款和保证条款按照传统的分法，合同条款分为条件条款和保证条款两种。
条件条款是基本条款，不履行这类条款会使其余条款与合同的本意产生实质上的不同。
结果就是，违反此类条款使无过错方有权把合同视作已被拒绝，并且可以不履行合同向下的其余条款。
与之相反，保证条款是次要条款，违反此类条款可从损害赔偿的裁决中得到充分追偿。
因此违反此类条款不会免除无过错方对合同义务的履行。
对于这两者的区别，Diplock LJ在 Hong Kong Fir Shipping Co v Kawasaki一案中有很好的诠释。
在他看来，［有些义务］据此可断定，违反此类保证，必定会导致无过错方被剥夺本应从合同中所获得的近乎所有的利益的事件发生。
这样的条款……是“条件条款”。
同样的，也许另外那些简单的合同保证，可被断定，违反此类保证不会导致无过错方被剥夺他本应从合同中所获得的近乎所有的利益的事件的发生；此类条款……是“保证条款”。
从原理上认识到这两者的区别可能是容易的，然而要把这运用到现实中特定的案例里就比较难了。
为了便于在实际中的区别，制订了一些指引加以判断一条特定的条款是否是条件条款。
首先，法规可以明确指出某条义务为条件条款。
1979年的货物销售法（Sale of Goods Act 1979）是一个典型的例子，为了货物的销售试图区分合同方的义务。
然而，这样法定的干预在《海上货物运输》的文中很少见。
第二，法官的判例可能会把某些特定的承诺归为条件条款。
因此, 诸如“不进行不合理绕航的义务”和“无正本提单不放货的要求”都被认为是具有重要的地位。
海上货物运输法专业术语
海上货物运输法常用英文术语a competent court有管辖权的法院a contract of carriage of goods by sea海上货物运输合同a Contracting State缔约国a diligent carrier勤勉的承运人a formal instrument 正式文件a forwarding agent 运输代理人a joint survey or inspection联合检查或检验a place of business营业所a port in contracting state缔约国港口a received-for-shipment bill of lading收货待运提单a safe port or place near the port of destination目的港邻近的安全港口a shipped bill of lading已装船提单a shipping agent 船务代理人a special annotation特别注明a third party acting in good faith善意第三人a third party第三方abandonment委付acceptance接受accession加入accident report海事报告act of god 天灾act or omission行为或不行为action for indemnity追偿诉讼actual carrier实际承运人actual port of discharge实际卸货港actually deliver实际交付advanced B/L预借提单agent代理人aggregate of the amounts recoverable赔偿金额总数agreed period议定的期限anti-date B/L倒签提单apparent condition外表状况applicable rules of the law适用的法律规则approval认可arbitration tribunal仲裁庭arbitration仲裁a rrival notice到达通知书assignment转让dispute争端arbitrator仲裁员arrived vessel到达船article of transport运输器具bagged free袋费免除ballasting 压舱basis of liability责任基础be negotiated with endorsement to order记名背书bearer bill of lading不记名提单before and at the beginning of the voyage开航前和开航当时benefit of insurance保险利益berth charter泊位租船合同berth terms泊位条款bill of lading提单blank B/L不记名提单booking note 托运单booking 订舱both-to-blame collision clause互有责任碰撞条款boxed free 装箱免费branch分支机构brokerage commission clause佣金条款bulk cargo散装货burden of proving举证责任canceling date解约日cancellation of contract合同的解除canvassion 揽货care for照料cargoworthy适货carriage of goods by sea海上货物运输carriage of goods 货物运输carriage prepaid运费预付carriage free 运费免除carrier承运人cased free 包装费不另计算casing extra 包装费另计cause of action诉因charter party B/L租船提单charterer承租人chartering broker 租船经纪人charter-party租船合同claimant索赔人claim索赔classification of vessel 船级clean B/L 清洁提单combined transport B/L多式联运提单Common Carrier公共承运人commission佣金concealed damage 隐藏损害Conference公会conference freight/freight rate协定运费consignee收货人consolidated B/L并提单constant船舶常数container freight station(CFS)集装箱货运站container load plan(CLP)装箱单container terminal集装箱码头container yard(CY)集装箱堆场container集装箱contract of affreightment 包运租船contract of carriage of goods by sea海上货物运输合同 contract carrier契约承运人contractual stipulations合同条款contribution in general average共同海损分摊damage of detention滞期损失dangerous goods危险货物dead freight亏舱费deadweight tonnage载货能力deadweight tonnage载重吨deck cargo舱面货declaration in writing书面声明delay in delivery迟延交付delivery of Goods货物交付delivery order 提货单delivery交船demise charter 光船租船demurrage滞期费demurrage days 滞期日数despatch money 速遣费destroy销毁deviation 绕航deviation绕航direct B/L直达提单discharging 卸货dispatch速遣费dock receipt(D/R)场站收据document of title 物权凭证dry cargo干货due diligence 克尽职责endorsement in blank空白背书entrust委托equipment interchange receipt(EIR)设备交接单evidentiary effect证据效力exercise due diligence谨慎处理expressly agreed upon明确议定express agreement明文协议fault过失force majeure不可抗力foul B/L 不清洁提单free in (F.I.)舱内收货条款free in and out (F.I.O.)舱内收交货free in and out ,stowed and trimmed (FIOST)舱内收交货，堆舱、平舱条款free out(F.O.)舱内交货条款freight payable应付运费freight prepaid ,advance freight预付运费freight account 运费清单freight to collect, freight payable at destination到付运费freight to collect到付运费freight运费full container cargo load(FCL)整箱货GENCON 金康合同general average共同海损goods/cargo货物goods-office/freight-department货运办公室gross weight毛重guarantee保证habitual residence通常住所Hague Rules 海牙规则Hamburg Rule s汉堡规则handle搬移holder of the B/L 提单持有人house B/L货代提单in apparent good condition.外表状况良好in apparent goods order and condition表面状况良好in charge of the goods掌管货物incorporation clause并入条款indemnity赔偿independent contractor独立合同人inherent vice 固有缺陷inspect and tally检验和 清点intended fraud有意诈骗Intermodal B/Linternational law国际法interpellation clause质询条款interested person利害关系人issue to the shipper a bill of lading签发提单judicial or arbitral proceedings司法或仲裁程序judicial proceedings司法程序jurisdiction管辖权landing weight 卸货重量latent defect潜在缺陷layday受载期laytime装卸时间leading marks主要标志legal character法律性质less than container cargo load(LCL)拼箱letter of guarantee 保函letter of indemnity/trust receipt 赔偿保证书(信托收据) lien and exception clause留置权与免责条款lien留置权lightening驳运lighter驳船lighterage驳运费limits of liability责任限额liner B/L班轮提单liner term班轮条款live animals活动物loading 装船long form B/L全式提单longshoreman码头装卸工人loss of or damage to the goods货物的灭失、损坏loss of right权利的丧失make a claim提出索赔make a note in the bill of lading在提单上批注mandatory provisions强制性规定manifest舱单mark or label标志或标签mate’s receipt 大副收据/收货单master-roll 船员名册minimum B/L最低运费提单monetary units货币单位multimodal Transport Contract多式联运合同nationality of vessel 船籍navigable waters可航水域near clause临近条款neglect疏忽negotiable B/L 可转让提单New Jason clause新杰森条款non-contractual claims非合同索赔non-Negotiable B/L不可转让提单non-vessel operating common carrier无船承运人notice in writing书面通知notice of readiness装卸准备就绪通知书notice通知notify party 通知人null and void无效number of packages or pieces包数或件数NYPE 纽约土产格式ocean Bill of Lading (Ocean B/L)off hire停租omnibus B/L并提单on board B/L 已装船提单on deck B/L舱面货提单on demand of the shipper应托运人的要求optional discharge B/L选卸港提单optional ports of discharge备选卸货港order bill of lading指示提单original Bill of Lading正本提单originals正本Overland Common Point (OCP)内陆公共点owner of the goods 货主package件pallet货盘paramount clause首要条款parcel receipt 包裹收据parcel receipt B/L包裹提单particulars furnished by shipper由托运人提供period of responsibility责任期间place of the arrest扣留地plaintiff原告defendant被告port charter港口租船合同port of discharge卸货港port of loading装货港preliminary voyage clause预备航次条款preliminary voyage预备航次prepaid freight预付运费prima facie evidence初步证据principal place of business主要营业所proof to the contrary 相反证据provisional or protective measures临时性或保护性措施quarantine restrictions检疫限制ratification批准reasonable dispatch合理速遣received for shipment B/L 收货待运提单redelivery还船registered tonnage登记吨revision or amendment修订或修改right of recourse追索权running/consecutive days 连续天数safe berth 安全泊位safe port 安全港scope of application适用范围scope of one’s employment受雇范围sea waybill海运单seagoing ship海运船舶sea protest/master’s report海事声明seaworthiness 适航seaworthy trim适航平衡seaworthy适航seizure under legal process司法扣押separate B/L分提单servant受雇人set forth demurrage支付滞期费ship owner船东shipper托运人shipping advice 装船通知shipping charges/commission 装运费shipping documents 装运单据shipping invoice 装运单/载货单shipping order 装货单shipping permit 准装货单shipping practices海运 惯例shipping unit货运单位shipping weight/in-take-weight 装运重量ship's certificate of registry 船泊登记证书ship's log 航海日记short form B/L简式提单Special Drawing Right特别提款权special inherent risks特殊潜在风险split B/L分提单stow积载straight (Consignment) B/L 记名提单straight bill of lading记名提单sublet转租substitute vessel 替代船supplementary provisions补充规定suspected bill 有疑问提单switch B/L转换提单take delivery of the goods提取货物take over接管Terms & Conditionsthe carrying vessel载货船舶the contribution in general average共同海损的分摊the holder of the bill of lading提单持有人the management of the ship管理船舶the multimodal transport operator 多式联运经营人the navigation of the ship驾驶船舶the negotiability of a bill of lading提单的转让the port of discharge卸货港the port of loading装货港through carriage联运time charter on trip basis t航次期租time charter 定期租船time-bar时效to assume obligations承担义务to be bagged用袋装to be baled用捆包to be boxed 用纸箱包装to be cased/to be encased用木箱包装to be jointly and severally liable负连带责任to be matted 用席包to bring an action against提起诉讼to exercise one’s right行使其权利to furnish security提供保证金to give all reasonable facilities提供一切合理的便利to have the same effect具有同等效力to pay compensation赔偿to remain bound by受约束tonnage of ship船舶吨位transport documents运输单证transport documents运输单证transshipment 转船提单unit of account记帐单位units of account记帐单位unloading/discharging/landing 卸货usage of the particular trade特 定的贸易惯例valid有效vessel’s position船舶动态voyage charter 航次租船waiver弃权way-bill/invoice 托运单working days 工作日。
英国海上运输法 1992年
Status: This is the original version (as it was originally enacted).Carriage of Goods by Sea Act 19921992 CHAPTER 50An Act to replace the Bills of Lading Act 1855 with new provision with respect to bills of lading and certain other shipping documents.[16th July 1992] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—1Shipping documents etc. to which Act applies(1)This Act applies to the following documents, that is to say—(a)any bill of lading;(b)any sea waybill; and(c)any ship’s delivery order.(2)References in this Act to a bill of lading—(a)do not include references to a document which is incapable of transfer eitherby indorsement or, as a bearer bill, by delivery without indorsement; but(b)subject to that, do include references to a received for shipment bill of lading.(3)References in this Act to a sea waybill are references to any document which is not abill of lading but—(a)is such a receipt for goods as contains or evidences a contract for the carriageof goods by sea; and(b)identifies the person to whom delivery of the goods is to be made by the carrierin accordance with that contract.(4)References in this Act to a ship’s delivery order are references to any document whichis neither a bill of lading nor a sea waybill but contains an undertaking which—(a)is given under or for the purposes of a contract for the carriage by sea of thegoods to which the document relates, or of goods which include those goods;and2Carriage of Goods by Sea Act 1992 (c. 50)Document Generated: 2011-03-19 Status: This is the original version (as it was originally enacted).(b)is an undertaking by the carrier to a person identified in the document to deliverthe goods to which the document relates to that person.(5)The Secretary of State may by regulations make provision for the application of thisAct to cases where a telecommunication system or any other information technology is used for effecting transactions corresponding to—(a)the issue of a document to which this Act applies;(b)the indorsement, delivery or other transfer of such a document; or(c)the doing of anything else in relation to such a document.(6)Regulations under subsection (5) above may—(a)make such modifications of the following provisions of this Act as the Secretaryof State considers appropriate in connection with the application of this Act toany case mentioned in that subsection; and(b)contain supplemental, incidental, consequential and transitional provision;and the power to make regulations under that subsection shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.2Rights under shipping documents(1)Subject to the following provisions of this section, a person who becomes—(a)the lawful holder of a bill of lading;(b)the person who (without being an original party to the contract of carriage) isthe person to whom delivery of the goods to which a sea waybill relates is tobe made by the carrier in accordance with that contract; or(c)the person to whom delivery of the goods to which a ship’s delivery order relatesis to be made in accordance with the undertaking contained in the order, shall (by virtue of becoming the holder of the bill or, as the case may be, the person to whom delivery is to be made) have transferred to and vested in him all rights of suit under the contract of carriage as if he had been a party to that contract.(2)Where, when a person becomes the lawful holder of a bill of lading, possession of thebill no longer gives a right (as against the carrier) to possession of the goods to which the bill relates, that person shall not have any rights transferred to him by virtue of subsection (1) above unless he becomes the holder of the bill—(a)by virtue of a transaction effected in pursuance of any contractual or otherarrangements made before the time when such a right to possession ceased toattach to possession of the bill; or(b)as a result of the rejection to that person by another person of goods ordocuments delivered to the other person in pursuance of any such arrangements.(3)The rights vested in any person by virtue of the operation of subsection (1) above inrelation to a ship’s delivery order—(a)shall be so vested subject to the terms of the order; and(b)where the goods to which the order relates form a part only of the goods towhich the contract of carriage relates, shall be confined to rights in respect ofthe goods to which the order relates.(4)Where, in the case of any document to which this Act applies—Carriage of Goods by Sea Act 1992 (c. 50) Document Generated: 2011-03-193Status: This is the original version (as it was originally enacted).(a) a person with any interest or right in or in relation to goods to which thedocument relates sustains loss or damage in consequence of a breach of thecontract of carriage; but(b)subsection (1) above operates in relation to that document so that rights of suitin respect of that breach are vested in another person,the other person shall be entitled to exercise those rights for the benefit of the person who sustained the loss or damage to the same extent as they could have been exercised if they had been vested in the person for whose benefit they are exercised.(5)Where rights are transferred by virtue of the operation of subsection (1) above in relationto any document, the transfer for which that subsection provides shall extinguish any entitlement to those rights which derives—(a)where that document is a bill of lading, from a person’s having been an originalparty to the contract of carriage; or(b)in the case of any document to which this Act applies, from the previousoperation of that subsection in relation to that document;but the operation of that subsection shall be without prejudice to any rights which derive from a person’s having been an original party to the contract contained in, or evidenced by, a sea waybill and, in relation to a ship’s delivery order, shall be without prejudice to any rights deriving otherwise than from the previous operation of that subsection in relation to that order.3Liabilities under shipping documents(1)Where subsection (1) of section 2 of this Act operates in relation to any documentto which this Act applies and the person in whom rights are vested by virtue of that subsection—(a)takes or demands delivery from the carrier of any of the goods to which thedocument relates;(b)makes a claim under the contract of carriage against the carrier in respect ofany of those goods; or(c)is a person who, at a time before those rights were vested in him, took ordemanded delivery from the carrier of any of those goods,that person shall (by virtue of taking or demanding delivery or making the claim or, ina case falling within paragraph (c) above, of having the rights vested in him) becomesubject to the same liabilities under that contract as if he had been a party to that contract.(2)Where the goods to which a ship’s delivery order relates form a part only of the goodsto which the contract of carriage relates, the liabilities to which any person is subject by virtue of the operation of this section in relation to that order shall exclude liabilities in respect of any goods to which the order does not relate.(3)This section, so far as it imposes liabilities under any contract on any person, shall bewithout prejudice to the liabilities under the contract of any person as an original party to the contract.4Representations in bills of ladingA bill of lading which—(a)represents goods to have been shipped on board a vessel or to have beenreceived for shipment on board a vessel; and4Carriage of Goods by Sea Act 1992 (c. 50)Document Generated: 2011-03-19 Status: This is the original version (as it was originally enacted).(b)has been signed by the master of the vessel or by a person who was not themaster but had the express, implied or apparent authority of the carrier to signbills of lading,shall, in favour of a person who has become the lawful holder of the bill, be conclusive evidence against the carrier of the shipment of the goods or, as the case may be, of their receipt for shipment.5Interpretation etc(1)In this Act—“bill of lading”, “sea waybill” and “ship’s delivery order” shall be construedin accordance with section 1 above;“the contract of carriage”—(a)in relation to a bill of lading or sea waybill, means the contract containedin or evidenced by that bill or waybill; and(b)in relation to a ship’s delivery order, means the contract under or for thepurposes of which the undertaking contained in the order is given;“holder”, in relation to a bill of lading, shall be construed in accordance withsubsection (2) below;“information technology” includes any computer or other technology bymeans of which information or other matter may be recorded or communicatedwithout being reduced to documentary form; and“telecommunication system” has the same meaning as in theTelecommunications Act 1984.(2)References in this Act to the holder of a bill of lading are references to any of thefollowing persons, that is to say—(a) a person with possession of the bill who, by virtue of being the person identifiedin the bill, is the consignee of the goods to which the bill relates;(b) a person with possession of the bill as a result of the completion, by deliveryof the bill, of any indorsement of the bill or , in the case of a bearer bill, of anyother transfer of the bill;(c) a person with possession of the bill as a result of any transaction by virtue ofwhich he would have become a holder falling within paragraph (a) or (b) abovehad not the transaction been effected at a time when possession of the bill nolonger gave a right (as against the carrier) to possession of the goods to whichthe bill relates;and a person shall be regarded for the purposes of this Act as having become the lawful holder of a bill of lading wherever he has become the holder of the bill in good faith.(3)References in this Act to a person’s being identified in a document include referencesto his being identified by a description which allows for the identity of the person in question to be varied, in accordance with the terms of the document, after its issue; and the reference in section 1(3)(b) of this Act to a document’s identifying a person shall be construed accordingly.(4)Without prejudice to sections 2(2) and 4 above, nothing in this Act shall preclude itsoperation in relation to a case where the goods to which a document relates—(a)cease to exist after the issue of the document; or(b)cannot be identified (whether because they are mixed with other goods or forany other reason);Carriage of Goods by Sea Act 1992 (c. 50) Document Generated: 2011-03-195Status: This is the original version (as it was originally enacted).and references in this Act to the goods to which a document relates shall be construed accordingly.(5)The preceding provisions of this Act shall have effect without prejudice to theapplication, in relation to any case, of the rules (the Hague-Visby Rules) which for the time being have the force of law by virtue of section 1 of the Carriage of Goods by Sea Act 1971.6Short title, repeal, commencement and extent(1)This Act may be cited as the Carriage of Goods by Sea Act 1992.(2)The Bills of Lading Act 1855 is hereby repealed.(3)This Act shall come into force at the end of the period of two months beginning withthe day on which it is passed; but nothing in this Act shall have effect in relation to any document issued before the coming into force of this Act.(4)This Act extends to Northern Ireland.。
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Carriage of goods by sea
Liner:班轮运输Charter party：租船运输
（1）Voyage：航程租船
（2）Time：航次租船
（3）Bareboat：光船租船
Bill of lading提单
1．提单定义：是否为物权凭证？我国海商法没有肯定提单的物权凭证性质。
记名提单不具有物权凭证的属性。
2．提单的法律性质legal nature：document of title《国际贸易法第二版》王传丽著，见第77页注释
3．提单的分类classification of B/L：《国际贸易法第二版》王传丽著
运输代理人提单：forwarder’s B/L－house B/L：货运代理人forwanding为了节省费用，
将不同托运人的货物集中交付承运人，承运人仅签发一份提单，由货代向各托运人签发
货代提单。
集装箱运输中广泛使用。
能否承认货代为承运人，通常要考虑：货代是以自
己的名义还是承运人的名义与托运人签订运输合同；货代是以自己的名义出具运输单据；货代是自己收取运费。
货代提单不具有海运提单物权凭证的性质。
买方承运人卖方
货代
无船承运人提单：non－vessel operating common carrier B/L(NOVCC B/L)
货代揽货后并无自己的运输船舶，以承运人身份签发自己的提单，向托运人收取运费，
然后与国际船舶运输经营者（实际承运人）签订运输合同。
收货人取得无船承运人提单
风险较大。
《中华人民共和国海运条例》确定了其法律地位，必须是中国企业法人，应
缴纳80万的保证金。
总结：
1．立法和司法实践对提单的性质尤其是物权凭证的问题持有不同观点。
2．不同的提单在国际贸易交易当中的作用有所区别。
例如指示提单与记名提单，清洁提单与不清洁提单，海运提单与运输代理人提单。
3．提单应与国际货物买卖、贸易术语、贸易支付结合起来。
提单纠纷涉及合同法、海商法、票据法和担保法，也涉及国际条约和国际惯例。