[约克-安特卫普规则]

 

YORK-ANTWERP RULES, 1994

--------------------------

 

YORK-ANTWERP RULES, 1974 AS AMENDED 1990

-----------------------------------------

RULE XVI. AMOUNT TO BE MADE GOOD FOR CARGO LOST OR DAMAGED BY SACRIFIC.

规则十六货物因牺牲所受损失的补偿数额

 

RULE XVI. AMOUNT TO BE MADE GOOD FOR CARGO LOST OR DAMAGED BY SACRIFIC.

规则十六货物因牺牲所受损失的补偿数额


The amount to be made good as general average for damage to or loss of cargo sacrificed shall be the loss which has been sustained thereby based on the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. The value at the time of discharge shall include the cost of insurance and freight except insofar as such freight is at the risk of interests other than the cargo.

牺牲的货物,作为共同海损受到补偿的数额,应是以其在卸货时的价值为基础计算出的损失。此项价值应根据送交收货人的商业发票确定;如果没有此项发票,则应根据装运价值确定。货物在卸货时的价值应包括保险费和运费,但不由货方承担风险的运费除外。

 


The amount to be made good as general average for damage to or loss of cargo sacrificed shall be the loss which has been sustained thereby based on the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. The value at the time of discharge shall include the cost of insurance and freight except insofar as such freight is at the risk of interests other than the cargo.

When cargo so damaged is sold and the amount of the damage has not been otherwise agreed, the loss to be made good in general average shall be the difference between the net proceeds of sale and the net sound value as computed in the first paragraph of this Rule.

如果受损货物已经出售,而其损失数额未经另行议定,则作为共同海损受到补偿的数额,应根据出售净得数额与按照本条第一款计算的完好净值之间的差额确定。

 

 

When cargo so damaged is sold and the amount of the damage has not been otherwise agreed, the loss to be made good in general average shall be the difference between the net proceeds of sale and the net sound value as computed in the first paragraph of this Rule.

 

RULE XVII. CONTRIBUTORY VALUES.

规则十七 分摊价值

 

RULE XVII. CONTRIBUTORY VALUES.

规则十七 分摊价值


The contribution to a general average shall be made upon the actual net values of the property at the termination of the adventure except that the value of cargo shall be the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. The value of the cargo shall include the cost of insurance and freight unless and insofar as such freight is at the risk of interests other than the cargo, deducting therefrom any loss or damage suffered by the cargo prior to or at the time of discharge. The value of the ship shall be assessed without taking into account the beneficial or detrimental effect of any demise or time charterparty to which the ship may be committed.

共同海损的分摊,应以航程终止时财产的实际净值为基础,但货物应以卸货时的价值为基础,此项价值应根据送交收货人的商业发票确定;如果没有此项发票,则应根据装运价值确定。货物的价值应包括保险费和运费(但不由货方承担风险的运费除外),并扣减卸货前和卸货时所遭受的损失。确定船舶的价值时,无须考虑该船因订有光船或定期租船契约而产生的有利或不利影响。

 


The contribution to a general average shall be made upon the actual net values of the property at the termination of the adventure except that the value of cargo shall be the value at the time of discharge, ascertained from the commercial invoice rendered to the receiver or if there is no such invoice from the shipped value. The value of the cargo shall include the cost of insurance and freight unless and insofar as such freight is at the risk of interests other than the cargo, deducting therefrom any loss or damage suffered by the cargo prior to or at the time of discharge. The value of the ship shall be assessed without taking into account the beneficial or detrimental effect of any demise or time charterparty to which the ship may be committed.

 

To these values shall be added the amount made good as general average for property sacrificed, if not already included, deduction being made from the freight and passage money at risk of such charges and crew's wages as would not have been incurred in earning the freight had the ship and cargo been totally lost at the date of the general average act and have not been allowed as general average; deduction being also made from the value of the property of all extra charges incurred in respect thereof subsequently to the general average act, except such charges as are allowed in general average or fall upon the ship by virtue of an award for special compensation under Art. 14 of the International Convention on Salvage, 1989 or under any other provision similar in substance.

上述价值如果没有包括牺牲的财产作为共同海损受到补偿的数额,则应加上这一数额。有风险的客、货运费,应扣减假如船舶和货物在共同海损行为发生之日全部损失就无须为赚得该项费用而支付的、不属于共同海损的费用和船员工资。财产价值还应扣减在共同海损行为发生以后所支付的一切额外费用,但已作为共同海损的费用或根据1989年国际救助公约第14条或任何其他实质上类似的规定裁决应由船舶承担的特别补偿除外。

?

 

To these values shall be added the amount made good as general average for property sacrificed, if not already included, deduction being made from the freight and passage money at risk of such charges and crew's wages as would not have been incurred in earning the freight had the ship and cargo been totally lost at the date of the general average act and have not been allowed as general average; deduction being also made from the value of the property of all extra charges incurred in respect thereof subsequently to the general average act, except such charges as are allowed in general average.

 

In the circumstances envisaged in the third paragraph of Rule G, the cargo and other property shall contribute on the basis of its value upon delivery at original destination unless sold or otherwise disposed of short of that destination, and the ship shall contribute upon its actual net value at the time of completion of discharge of cargo.

在规则G第三款所述的情况下,货物和其他财产,除非在运达目的地以前售出或另作处理,应以其在原目的地交货时的价值为基础参加分摊;船舶则应以其在卸货完毕时的实际净值参加分摊

 

 

Where cargo is sold short of destination, however, it shall contribute upon the actual net proceeds of sale, with the addition of any amount made good as general average.

如果货物在运达目的地以前出售,应按出售净得的数额加上作为共同海损受到补偿的数额参加分摊。

 

Where cargo is sold short of destination, however, it shall contribute upon the actual net proceeds of sale, with the addition of any amount made good as general average.

 

Mails, passengers' luggage, personal effects and accompanied private motor vehicles shall not contribute in general average.

邮件、旅客行李、私人物品和随带的机动车辆,不参加共同海损分摊。

?

 

Passengers' luggage and personal effects not shipped under bill of lading shall not contribute in general average.

...非根据提单装运的...

 

RULE XVIII. DAMAGE TO SHIP.

规则十八船舶损坏

 

RULE XVIII. DAMAGE TO SHIP.

规则十八船舶损坏


The amount to be allowed as general average for damage or loss to the ship, her machinery and/or gear caused by a general average act shall be as follows:

(a)When repaired or replaced,

The actual reasonable cost of repairing or replacing such damage or loss, subject to deductions in accordance with Rule XIII;

共同海损行为造成的船舶、机器和船具的损失,应作为共同海损的数额如下:

1)如已经修理或更换,按该项损失的修理或更换的实际合理费用,并根据规则十三的规定进行扣减。

 


The amount to be allowed as general average for damage or loss to the ship, her machinery and/or gear caused by a general average act shall be as follows:

(a)When repaired or replaced,

The actual reasonable cost of repairing or replacing such damage or loss, subject to deductions in accordance with Rule XIII;

 

(b)When not repaired or replaced,

The reasonable depreciation arising from such damage or loss, but not exceeding the estimated cost of repairs. But where the ship is an actual total loss or when the cost of repairs of the damage would exceed the value of the ship when repaired, the amount to be allowed as general average shall be the difference between the estimated sound value of the ship after deducting therefrom the estimated cost of repairing damage which is not general average and the value of the ship in her damaged state which may be measured by the net proceeds of sale, if any.

2)如未经修理或更换,按该项损失引起的合理贬值,但不得超过估计的修理费用。如船舶遭受实际全损或修理费用超过修复后的船舶价值,则作为共同海损的数额应为该船的估计完好价值减去不属于共同海损的损失的估计修理费用和船舶在受损状态下的价值(如果售出则为出售净得)的余额。

 

(b)When not repaired or replaced,

The reasonable depreciation arising from such damage or loss, but not exceeding the estimated cost of repairs. But where the ship is an actual total loss or when the cost of repairs of the damage would exceed the value of the ship when repaired, the amount to be allowed as general average shall be the difference between the estimated sound value of the ship after deducting therefrom the estimated cost of repairing damage which is not general average and the value of the ship in her damaged state which may be measured by the net proceeds of sale, if any.