联合国国际货物多式联运公约 （9）

会计考友

　　Article 19 Localised Damage
　　When the loss of or damage to the goods occurred during one particularstage of the multimodal transport， in respect of which an applicableinternational convention or mandatory national law provides a higher limitof liability than the limit that would follow from application ofparagraphs 1 to 3 of Article 18， then the limit of the multimodaltransport operator's liability for such loss or damage shall be determinedby reference to the provisions of such convention or mandatory nationallaw.
) B  W+ a1 Y" l　　Article 20 Non-contractual Liability
　　1. The defences and limits of liability provided for in thisConvention shall apply in any action against the multimodal transportoperator in respect of loss resulting from loss of or damage to the goods，as well as from delay in delivery， whether the action be founded incontract， in tort or otherwise.
　　2. If an action in respect of loss resulting from loss of or damage tothe goods or from delay in delivery is brought against the servant oragent of the multimodal transport operator， if such servant or agentproves that he acted within the scope of his employment， or against anyother person of whose services the makes use for the performance of themultimodal transport contract， if such other person proves that he actedwithin the performance of the contract， the servant or agent of such otherperson shall be entitled to avail himself of the defences and limits ofliability which the multimodal transport operator is entitled to invokeunder this Convention.
　　3. Except as provided in Article 21， the aggregate of the amountsrecoverable from the multimodal transport operator and from a servant oragent or any other person of whose services he makes use for theperformance of the multimodal transport contract shall not exceed thelimits of liability provided for in this Convention.
- H" K" K# ~" D" W0 M　　Article 21 Loss of the Right to Limit Liability
　　1. The multimodal transport operator is not entitled to the benefit ofthe limitation of liability provided for in this Convention if it isproved that the loss， damage or delay in delivery resulted from an act oromission of the multimodal transport operator done with the intent tocause such loss， damage or delay or recklessly and with knowledge thatsuch loss， damage or delay would probably result.
　　2. Notwithstanding paragraph 2 of Article 20， a servant or agent ofthe multimodal transport operator or other person of whose services hemakes use for the performance of the multimodal transport contract is notentitled to the benefit of the limitation of liability provided for inthis Convention if it is proved that the loss， damage or delay in deliveryresulted from an act or omission of such servant， agent or other person，done with the intent to cause such loss， damage or delay or recklesslyand with knowledge that such loss， damage or delay would probably result.