[约克-安特卫普规则]

 

YORK-ANTWERP RULES,1994
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YORK-ANTWERP RULES, 1974 AS AMENDED 1990------------------------------------------------------------------

RULE A规则A

 

RULE A 规则A


There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.

只有在为了共同安全,使同一航程中的财产脱离危险,有意而合理地作出特殊牺牲或支付特殊费用时,才能构成共同海损行为。

 


There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.

General average sacrifices and expenditures shall be borne by the different contributing interests on the basis hereinafter provided.

共同海损牺牲和费用,应按下列规定,由各分摊方分摊

 

 

RULE B 规则B

 

RULE B 规则B

There is a common maritime adventure when one or more vessels are towing or pushing another vessel or vessels, provided that they are all involved in commercial activities and not in a salvage operation.

如果船舶拖带或顶推其他船舶而它们都从事商业活动而不是救助作业,则处于同一航程之中。

 

General average sacrifices and expenditures shall be borne by the different contributing interests on the basis hereinafter provided.

共同海损牺牲和费用,应按下列规定,由各分摊方分摊

When measures are taken to preserve the vessels and their cargoes, if any, from a common peril, these Rules shall apply.

如果所采取的措施是为了使这些船舶及其货物(如果有)脱离共同危险,则应适用本规则

 

A vessel is not in common peril with another vessel or vessels if by simply disconnecting from the other vessel or vessels she is in safety; but if the disconnection is itself a general average act the common maritime adventure continues.

如果一艘船舶只要脱离其他船舶便能获得安全,则同其他船舶不处于共同的危险之中,但如果脱离本身是共同海损行为,则共同航程继续存在。

 

RULE C 规则C

 

RULE C 规则C


Only such losses, damages or expenses which are the direct consequence of the general average act shall be allowed as general average.

只有属于共同海损行为直接后果的损失或费用,才应作为共同海损。

 


Only such losses, damages or expenses which are the direct consequence of the general average act shall be allowed as general average.

In no case shall there be any allowance in general average for losses, damages or expenses incurred in respect of damage to the environment or in consequence of the escape or release of pollutant substances from the property involved in the common maritime adventure.

环境损害或因同一航程中的财产漏出或排放污染物所引起的损失或费用不得认作共同海损

 

Demurrage, loss of market, and any loss or damage sustained or expense incurred by reason of delay, whether on the voyage or subsequently, and any indirect loss whatsoever, shall not be admitted as general average.

不论是在航程中或其后发生的滞期损失、行市损失和任何因迟延所遭受的损失或支付的费用以及任何间接损失都不得认作共同海损

 

Loss or damage sustained by the ship or cargo through delay, whether on the voyage or subsequently, such as demurrage, and any indirect loss whatsoever, such as loss of market, shall not be admitted as general average.

不论是在航程中或其后发生的船舶或货物因迟延所遭受的损失,例如船舶滞期损失,以及任何间接损失,例如行市损失,都不得认作共同海损。

RULE D 规则D

 

RULE D 规则D

Rights to contribution in general average shall not be affected, though the event which gave rise to the sacrifice or expenditure may have been due to the fault of one of the parties to the adventure, but this shall not prejudice any remedies or defences which may be open against or to that party in respect of such fault.

即使引起牺牲或费用的事故,可能是由于航程中某一方的过失所造成的,也不影响要求分摊共同海损的权利,但这不妨碍非过失方与过失方之间就此项过失可能提出的任何索赔或抗辩。

 

Rights to contribution in general average shall not be affected, though the event which gave rise to the sacrifice or expenditure may have been due to the fault of one of the parties to the adventure, but this shall not prejudice any remedies or defences which may be open against or to that party in respect of such fault.

RULE E规则E

 

RULE E 规则E


The onus of proof is upon the party claiming in general average to show that the loss or expense claimed is properly allowable as general average.

提出共同海损索赔的一方应负举证责任,证明所索赔的损失或费用应作为共同海损。

 


The onus of proof is upon the party claiming in general average to show that the loss or expense claimed is properly allowable as general average.

All parties claiming in general average shall give notice in writing to the average adjuster of the loss or expense in respect of which they claim contribution within 12 months of the date of the termination of the common maritime adventure.

所有提出共同海损索赔的关系方应于共同航程终止后十二个月内将要求分摊的损失或费用书面通知海损理算师

 

Failing such notification, or if within 12 months of a request for the same any of the parties shall fail to supply evidence in support of a notified claim, or particulars of value in respect of a contributory interest, the average adjuster shall be at liberty to estimate the extent of the allowance or the contributory value on the basis of the information available to him, which estimate may be challenged only on the ground that it is manifestly incorrect.

如不通知或经要求后十二个月内不提供证据支持所通知的索赔或关于分摊方的价值的详细材料,则海损理算师可以根据他所掌握的材料估算补偿数额或分摊价值。除非估算明显不正确,否则不得提出异议

 


RULE F
规则F

 


RULE F
规则F


Any additional expense incurred in place of another expense which would have been allowable as general average shall be deemed to be general average and so allowed without regard to the saving, if any, to other interests, but only up to the amount of the general average expense avoided.

凡为代替本可作为共同海损的费用而支付的额外费用,可作为共同海损并受到补偿,无须考虑对于其他有关方有无节省,但其数额不得超过被代替的共同海损费用。

 


Any extra expense incurred in place of another expense which would have been allowable as general average shall be deemed to be general average and so allowed without regard to the saving, if any, to other interests, but only up to the amount of the general average expense avoided.

RULE G 规则G

 

RULE G规则G

General average shall be adjusted as regards both loss and contribution upon the basis of values at the time and place when and where the adventure ends.

共同海损损失和分摊的理算,应以航程终止的时间和地点的价值为基础。

 

General average shall be adjusted as regards both loss and contribution upon the basis of values at the time and place when and where the adventure ends.

This rule shall not affect the determination of the place at which the average statement is to be made up.

本条规定不影响对编制海损理算书地点的决定。

 

This rule shall not affect the determination of the place at which the average statement is to be made up.

When a ship is at any port or place in circumstances which would give rise to an allowance in general average under the provisions of Rules X and XI, and the cargo or part thereof is fowarded to destination by other means, rights and liabilities in general average shall, subject to cargo interests being notified if practicable, remain as nearly as possible the same as they would have been in the absence of such forwarding, as if the adventure had continued in the original ship for so long as justifiable under the contract of affreightment and the applicable law.

船舶在任何港口或地点停留,而根据规则十和十一的规定将发生共同海损补偿时,如果全部货物或其中的一部分用其他运输方式运往目的地并已尽可能通知了货方,则共同海损的权利和义务,将尽可能地如同没有此一转运而是在运输合同和所适用的法律所许可的时间内可以由原船继续原航程一样

 

The proportion attaching to cargo of the allowances made in general average by reason of applying the third paragraph of this Rule shall not exceed the cost which would have been borne by the owners of cargo if the cargo had been forward at their expense.

因适用本条第三款,认作共同海损补偿而由货物分摊的部分不应超过假如由货主承担费用把货物转运至目的港所应支付的费用