[约克-安特卫普规则]

 

YORK-ANTWERP RULES, 1994

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YORK-ANTWERP RULES, 1974 AS AMENDED 1990

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RULE I. JETTISON OF CARGO

规则一抛弃货物

 

RULE I. JETTISON OF CARGO

规则一抛弃货物


No jettison of cargo shall be made good as general average, unless such cargo is carried in accordance with the recognised custom of the trade.

被抛弃的货物, 除按照公认的海运习惯运送者外,不得作为共同海损受到补偿。

 


No jettison of cargo shall be made good as general average, unless such cargo is carried in accordance with the recognised custom of the trade.

RULE II? LOSS OR DAMAGE BY SACRIFICES FOR THE? COMMON SAFETY

规则二为了共同安全作出牺牲所造成的损失

 

RULE II? DAMAGE BY JETTISON AND SACRIFICE FOR? THE COMMON SAFETY

规则二为了共同安全抛弃和作出牺牲所造成的损失


Loss of or damage to the property involved in the common maritime adventure by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be made good as general average.

为了共同安全作出牺牲或其后果和为了共同安全进行抛弃而开舱或打洞以致进水, 造成共同航程中的财产的损失,应作为共同海损受到补偿。

 

 

Damage done to a ship and cargo, or either of them, by or in consequence of a sacrifice made for the common safety, and by water which goes down a ship's hatches opened or other opening made for the purpose of making a jettison for the common safety, shall be made good as general average.


为共同安全作出牺牲或其后果和为了共同安全进行抛弃而开舱或打洞以致进水,造成船舶、货物的损坏,应作为共同海损受到补偿。

RULE III. EXTINGUISHING FIRE ON SHIPBOARD

规则三扑灭船上火灾

 

RULE III. EXTINGUISHING FIRE ON SHIPBOARD

规则三


Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as general average; except that no compensation shall be made for damage by smoke however caused or by heat of the fire.

为了扑灭船上火灾,因水或其他原因使船舶、货物遭受损坏,包括将着火船舶搁浅或凿沉所造成的损坏,均应作为共同海损受到补偿。但由于烟熏或因火引起热烤所造成的损坏除外。



 


Damage done to a ship and cargo, or either of them, by water or otherwise, including damage by beaching or scuttling a burning ship, in extinguishing a fire on board the ship, shall be made good as general average; except that no compensation shall be made for damage by smoke or heat however caused.

...但烟熏或热烤所造成的损坏除外。

RULE IV. CUTTING AWAY WRECK

规则四 除残余部分

 

RULE IV. CUTTING AWAY WRECK

规则四 除残余部分


Loss or damage sustained by cutting away wreck or parts of the ship which have been previously carried away or are effectively lost by accident shall not be made good as general average.

因切除由于意外事故原已折断或实际上已经毁损的船舶残留部分所遭受的损失,不得作为共同海损受到补偿。

 


Loss or damage sustained by cutting away wreck or parts of the ship which have been previously carried away or are effectively lost by accident shall not be made good as general average.

RULE V. VOLUNTARY STRANDING

规则五 有意搁浅

 

RULE V. VOLUNTARY STRANDING

规则五

When a ship is intentionally run on shore for the common safety, whether or not she might have been driven on shore, the consequent loss or damage to the property involved in the common Maritime adventure shall be allowed in general average.

船舶无论是否势必搁浅,如果为了共同安全有意搁浅,因此所造成的共同航程中的财产的损失应认作共同海损。

 

When a ship is intentionally run on shore for the common safety, whether or not she might have been driven on shore, the consequent loss or damage shall be allowed in general average.

船舶无论是否势必搁浅,如果为了共同安全有意搁浅,因此所造成的损失应认作共同海损。

RULE VI. SALVAGE REMUNERATION

规则六 救助报酬

 

RULE VI. SALVAGE REMUNERATION

规则六 救助报酬


(a) Expenditure incurred by the parties to the adventure in the nature of salvage, whether under contract or otherwise, shall be allowed in general average provided that the salvage operations were carried out for the purpose of preserving from peril the property involved in the common maritime adventure.

1)航程中各有关方所支付的救助费用,不论救助是否根据契约进行,都应认入共同海损,但以使在同一航程中的财产脱离危险而进行的救助为限。

 


(a) Expenditure incurred by the parties to the adventure in the nature of salvage, whether under contract or otherwise, shall be allowed in general average provided that the salvage operations were carried out for the purpose of preserving from peril the property involved in the common maritime adventure.

Expenditure allowed in general average shall include any salvage remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment such as is referred to in Art.13 paragraph 1(b) of the International Convention on Salvage, 1989 have been taken into account.

认入共同海损的费用应包括1989年国际救助公约第13条第1款(b)所述的考虑到救助人在防止或减轻环境损害中的技艺和努力而付给救助人的任何救助报酬。

 

Expenditure allowed in general average shall include any salvage remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment such as is referred to in Art.13 paragraph 1(b) of the International Convention on Salvage, 1989 have been taken into account.

(b) Special compensation payable to a salvor by the shipowner under Art. 14 of the said Convention to the extent specified in paragraph 4 of the Article or under any other provision similar in substance shall not be allowed in general average.

2)根据上述公约第14条第4款或任何其他实质上类似的规定由船舶所有人付给救助人的特别补偿不得认入共同海损。

 

 

(b) Special compensation payable to a salvor by the shipowner under Art. 14 of the said Convention to the extent specified in paragraph 4 of the Article or under any other provision similar in substance shall not be allowed in general average.

RULE VII. DAMAGE TO MACHINERY AND BOILERS

规则七 机器和锅炉的损坏

 

RULE VII. DAMAGE TO MACHINERY AND BOILERS

规则七 机器和锅炉的损坏

Damage caused to any machinery and boilers of a ship which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in general average when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage; but where a ship is afloat no loss or damage caused by working the propelling machinery and boilers shall in any circumstances be made good as general average.

在船舶搁浅并有危险的情况下,如经证明确是为了共同安全,有意使机器、锅炉冒受损坏的危险而设法起浮船舶,由此造成任何机器和锅炉的损坏,应认入共同海损,但船舶在浮动状态下因使用推进机器和锅炉所造成的损失,在任何情况下都不得作为共同海损受到补偿。

 

 

Damage caused to any machinery and boilers of a ship which is ashore and in a position of peril, in endeavouring to refloat, shall be allowed in general average when shown to have arisen from an actual intention to float the ship for the common safety at the risk of such damage; but where a ship is afloat no loss or damage caused by working the propelling machinery and boilers shall in any circumstances be made good as general average.

RULE VIII. EXPENSES LIGHTENING A SHIP WHEN??ASHORE AND CONSEQUENT DAMAGE

规则八 减载搁浅船舶所引起的费用和损坏

 

RULE VIII. EXPENSES LIGHTENING A SHIP WHEN ?ASHORE AND CONSEQUENT DAMAGE

规则八

When a ship is ashore and cargo and ship's fuel and stores or any of them are discharged as a general average act, the extra cost of lightening, lighter hire and reshipping (if incurred), and any loss or damage to the property involved in the common Maritime adventure in consequence thereof, shall be admitted as general average.

作为共同海损行为而卸下搁浅船舶的货物、船用燃料和物料时,其减载、租用驳船和重装(如果发生)的额外费用和由此造成共同航程中的财产的任何灭失或损坏,都应认作共同海损。

 

 

When a ship is ashore and cargo and ship's fuel and stores or any of them are discharged as a general average act, the extra cost of lightening, lighter hire and reshipping (if incurred), and the loss or damage sustained thereby, shall be admitted as general average.

 

... 所遭受 ...

RULE IX. CARGO, SHIP'S MATERIALS AND STORES USED?? FOR FUEL

规则九 作燃料的货物、船用材料和物料

 

RULE IX. SHIP'S MATERIALS AND STORES BURNT FOR FUEL

规则九 当作燃料烧掉的船用材料和物料


Cargo,
ship's materials and stores, or any of them, necessarily used for fuel for the common safety at a time of peril shall be admitted as general average, but when such an allowance is made for the cost of ship's materials and stores the general average shall be credited with the estimated cost of the fuel which would otherwise have been consumed in prosecuting the intended voyage.

在遭遇危险时,为了共同安全的需要,作燃料的货物、船用材料和物料,应认作共同海损,但船用材料和物料费用受到补偿时,为完成原定航程本应消耗的燃料的估计费用,应从共同海损中扣除。

 


Ship's materials and stores, or any of them, necessarily burnt for fuel for the common safety at a time of peril, shall be admitted as general average, when and only when an ample supply of fuel had been provided; but the estimated quantity of fuel that would have been consumed, calculated at the price current at the ship's last port of departure at the date of her leaving, shall be credited to the general average.

...作燃料烧掉的船用材料、物料...但只限于船上原以备足燃料的情况;其本应消耗的燃料的估计数量,应按该船舶驶离上一港口当日在该港口的价格计价,从共同海损中扣除。