[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 XIX. UNDECLARED OR WRONGFULLY DECLARED CARGO

规则十九未经申报或申报不实的货物

 

RULE XIX. UNDECLARED OR WRONGFULLY DECLARED CARGO

规则十九未经申报或申报不实的货物

Damage or loss caused to goods loaded without the knowledge of the shipowner or his agent or to goods willfully misdescribed at time of shipment shall not be allowed as general average, but such goods shall remain liable to contribute, if saved.

未通知船舶所有人或其代理人而装载的货物或装运时故意谎报的货物所遭受的损失,不得作为共同海损。但此项货物如果获救,仍有参加共同海损分摊的责任。

 

Damage or loss caused to goods loaded without the knowledge of the shipowner or his agent or to goods willfully misdescribed at time of shipment shall not be allowed as general average, but such goods shall remain liable to contribute, if saved.

 


Damage or loss caused to goods which have been wrongfully declared on shipment at a value which is lower than their real value shall be contributed for at the declared value, but such goods shall contribute upon their actual value.

装运时不正当地以低于实际价值申报的货物遭受损失时,应按申报价值受到补偿,但应按实际价值参加分摊。

 

 


Damage or loss caused to goods which have been wrongfully declared on shipment at a value which is lower than their real value shall be contributed for at the declared value, but such goods shall contribute upon their actual value.

 

RULE XX. PROVISION OF FUNDS

规则二十 提供的款项

 

RULE XX. PROVISION OF FUNDS

规则二十 提供的款项


A commission of 2 per cent. on general average disbursements, other than the wages and maintenance of master, officers and crew and fuel and stores not replaced during the voyage, shall be allowed in general average.

除船长、高级船员和一般船员的工资、给养以及不是在航程中补充的燃料、物料外,按共同海损费用百分之二计算的手续费,应认入共同海损。

 

 

 


A commission of 2 per cent. on general average disbursements, other than the wages and maintenance of master, officers and crew and fuel and stores not replaced during the voyage, shall be allowed in general average, but when the funds are not provided by any of the contributing interests, the necessary cost of obtaining the funds required by means of a bottomry bond or otherwise, or the loss sustained by owners of goods sold for the purpose, shall be allowed in general average.

...但如果款项不是由任何分摊方提供,则为了通过船舶抵押合同或其他方法筹得款项所发生的必要费用或为此目的变卖货物而使货主遭受损失...

The capital loss sustained by the owners of goods sold for the purpose of raising funds to defray general average disbursements shall be allowed in general average.

为筹款支付共同海损费用而变卖货物致使货主遭受的资本损失,均应认入共同海损。

 

The cost of insuring general average disbursements shall also be admitted in general average.

共同海损费用垫款的保险费,也应作为共同海损。

 

 

The cost of insuring money advanced to pay for general average disbursements shall also be allowed in general average.

RULE XXI. INTEREST ON LOSSES MADE GOOD IN GENERAL AVERAGE.

规则二十一共同海损利息

 

RULE XXI. INTEREST ON LOSSES MADE GOOD IN GENERAL AVERAGE.

规则二十一共同海损利息


Interest shall be allowed on expenditure, sacrifices and allowances in general average at the rate of 7 per cent. per annum, until three months after the date of issue of the general average adjustment, due allowance being made for any payment on account by the contributory interests or from the general average deposit fund.

对于共同海损费用、牺牲和受补偿项目,应给予年率百分之七的利息,计算至共同海损理算书发出日后三个月之日止;对由各分摊方预付或从共同海损保证金内先行拨付的一切款,也应给予利息。

 

 


Interest shall be allowed on expenditure, sacrifices and allowances charged to general average at the rate of 7 per cent. per annum, until the date of the general average statement, due allowance being made for any interim reimbursement from the contributory interests or from the general average deposit fund.

...计算至共同海损理算书编就之日为止...

 

 

RULE XXII. TREATMENT OF CASH DEPOSITS

规则二十二 保证金的处理

 

RULE XXII. TREATMENT OF CASH DEPOSITS

规则二十二 保证金的处理

Where cash deposits have been collected in respect of cargo's liability for general average, salvage or special charges such deposits shall be paid without any delay into a special account in the joint names of a representative nominated on behalf of the shipowner and a representative nominated on behalf of the depositors in a bank to be approved by both. The sum so deposited together with accrued interest, if any, shall be held as security for payment to the parties entitled thereto of the general average, salvage or special charges payable by cargo in respect of which the deposits have been collected. Payments on account or refunds of deposits may be made if certified to in writing by the average adjuster. Such deposits and payments or refunds shall be without prejudice to the ultimate liability of the parties.

如果就货物应负担的共同海损、救助或特殊费用收取了保证金,此项保证金应以船舶所有人和保证金交付者所分别指定的代表的联合名义,立即存入经双方认可的银行的特别帐户。此项存款连同可能产生的利息,作为有关货方向应收回上述费用的有关方的担保。如经理算师书面证明,可用保证金进行预付或将保证金退还。保证金的提供、支用或退还不影响各有关方的最后责任。

 

Where cash deposits have been collected in respect of cargo's liability for general average, salvage or special charges such deposits shall be paid without any delay into a special account in the joint names of a representative nominated on behalf of the shipowner and a representative nominated on behalf of the depositors in a bank to be approved by both. The sum so deposited together with accrued interest, if any, shall be held as security for payment to the parties entitled thereto of the general average, salvage or special charges payable by cargo in respect of which the deposits have been collected. Payments on account or refunds of deposits may be made if certified to in writing by the average adjuster. Such deposits and payments or refunds shall be without prejudice to the ultimate liability of the parties.