会计考友 发表于 2012-8-16 08:34:12

中华人民共和国海商法(一)

  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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