UNITED NATIONS CONVENTION ON THE CARRIAGE
OF GOODS BY SEA, 1978
Preamble序言
新浪博客
UNITED NATIONS CONVENTION ON THE CARRIAGE
OF GOODS BY SEA, 1978
Preamble序言
THE STATES PARTIES TO THIS CONVENTION, HAVING RECOGNIZED the desirability of determining by agreement certain rules relating to the carriage of goods by sea, HAVE DECIDED to conclude a Convention for this purpose and have thereto agreed as follows:
本公约各缔约国，认识到需要通过协议确定关于海上货物运输若干规则，为此目的决定缔结一个公约，协议如下：
PART IGENERAL PROVISIONS第一部分 总则
Article 1
In this Convention:在本公约内：
1. 'Carrier' means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.
“承运人”是指其本人或以其名义与托运人定立海上货物运输合同的任何人。
2. 'Actual carrier' means any person to whom the performance of the carriage of the goods, or of part of the carriage, has been entrusted by the carrier, and includes any other person to whom such performance has been entrusted.
“实际承运人”是指受承运人委托执行货物运输或部分货物运输的任何人，包括受委托执行这项运输的其他任何人。
3. 'Shipper' means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier, or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage by sea.
“托运人”是指其本从或以其名义或代其与承运人订立海上货物运输合同的任何人或指其本人或以其名义或代其将货物实际交付海上货物运输合同有关的承运人的任何人。
4. 'Consignee' means the person entitled to take delivery of the goods.
“收货人”是指有权提取货物的人。
5. 'Goods' includes live animals; where the goods are consolidated in a container, pallet or similar article of transport or where they are packed, 'goods' includes such article of transport or packaging if supplied by the shipper.
“货物”包括活动物，凡货物拼装在集装箱、货盘或类似的运输器具内，或者货物是包装的，而这种运输器具或包装是由托运人提供的，则“货物”包括它们在内。
6. 'Contract of carriage by sea' means any contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another; however, a contract which involves carriage by sea and also carriage by some other means is deemed to be a contract of carriage by sea for the purposes of this Convention only in so far as it relates to the carriage by sea.
“海上运输合同”是指承运人收取运费，据以承担由海上将货物从一港运至另一港的任何合同；但是，一个既包括海上运输，又包括某些其他方式运输的合同，则仅其有关海上运输的范围，才视为本公约所指的海上运输合同。
7. 'Bill of lading' means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order, or to bearer, constitutes such an undertaking.
“提单”是指一种用以证明海上运输合同和货物由承运人接管或装船，以及承运人据以保证交付货物的单证。单证中关于货物应交付指定收货人或按指示交付，或交付提单持有人的规定，即构成了这一保证。
8. 'Writing' includes, inter alia, telegram and telex.“书面”除其他方式外，包括电报和电传。
Article 2 Scope of application第二条 适用范围
1. The provisions of this Convention are applicable to all contracts of carriage by sea between two different States, if:
本公约的各项规定适用于两个不同国家间的所有海上运输合同，如果：
(a) the port of loading as provided for in the contract of carriage by sea is located in a Contracting State, or
海上运输合同所规定的装货港位于一个缔约国内，或
(b) the port of discharge as provided for in the contract of carriage by sea is located in a Contracting State, or
海上运输合同所规定的缷货港位于一个缔约国内，或
(c) one of the optional ports of discharge provided for in the contract of carriage by sea is the actual port of discharge and such port is located in a Contracting State, or
海上运输合同所规定的备选卸货港之一为实际卸货港，并且该港位于一个缔约国内，或
(d) the bill of lading or other document evidencing the contract of carriage by sea is issued in a Contracting State, or
提单或证明海上运输合同的其他单证是在一个缔约国内签发的，或
(e) the bill of lading or other document evidencing the contract of carriage by sea provides that the provisions of this Convention or the legislation of any State giving effect to them are to govern the contract.
提单或证明海上运输合同的其他单证规定，本公约各项规定或实行本公约的任何国家的立法，应约束该合同。
2. The provisions of this Convention are applicable without regard to the nationality of the ship, the carrier, the actual carrier, the shipper, the consignee or any other interested person.
本公约各项规定的适用与船舶、承运人、实际承运人、托运人、收货人或任何其他有关人的国籍无关。
3. The provisions of this Convention are not applicable to charter-parties. However, where a bill of lading is issued pursuant to a charter-party, the provisions of the Convention apply to such a bill of lading if it governs the relation between the carrier and the holder of the bill of lading, not being the charterer.
本公约各项规定不适用于租船合同。但是，如果提单是根据租船合同签发，并对承运人和非属承租人的提单持有人之间的关系加以制约，则本公约的各项规定适用于该提单。
4. If a contract provides for future carriage of goods in a series of shipments during an agreed period, the provisions of this Convention apply to each shipment. However, where a shipment is made under a charter-party, the provisions of paragraph 3 of this article apply.
如果合同规定，货物将在一个议定的期限内分批运输.
Article 3 Interpretation of the Convention第三条 对本公约的解释
In the interpretation and application of the provisions of this Convention regard shall be had to its international character and to the need to promote uniformity.
在解释和应用本公约的各项规定时，应注意本公约的国际性和促进统一的需要。
PART II LIABILITY OF THE CARRIER第二部分 承运人的责任
Article 4 Period of responsibility第四条 责任期间
1. The responsibility of the carrier for the goods under this Convention covers the period during which the carrier is in charge of the goods at the port of loading, during the carriage and at the port of discharge.
按照本公约，承运人对货物的责任期间包括在装货港，在运输途中以及在卸货港，货物在承运人掌管的全部期间。
2. For the purpose of paragraph 1 of this article, the carrier is deemed to be in charge of the goods
就本条第1款而言，在下述起迄期间，承运人应视为已掌管货物：
(a) from the time he has taken over the goods from:自承运人从以下各方接管货物时起：
(i) the shipper, or a person acting on his behalf; or托运人或代其行事的人；或
(ii) an authority or other third party to whom, pursuant to law or regulations applicable at the port of loading, the goods must be handed over for shipment;
根据装货港适用的法律或规章，货物必须交其装运的当局或其他第三方；
(b) until the time he has delivered the goods:至承运人将货物交付以下各方时为止：
(i) by handing over the goods to the consignee; or将货物交付收货人；或
(ii) in cases where the consignee does not receive the goods from the carrier, by placing them at the disposal of the consignee in accordance with the contract or with the law or with the usage of the particular trade, applicable at the port of discharg