国际贸易法之运输保险.doc

Chapter 6 Transportation Marine Insurance 一 1.The 1921 Hague Rules (The Brussels Convention of 1924)-the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading Brussels August 25th 1924 Effect: 2nd June 1931 二PROTOCOL TO AMEND THE INTERNATIONAL CONVENTION FOR THE UNIFICATION OFCERTAIN RULES OF LAW RELATING TO BILLS OF LADING SIGNED IN BRUSSELS ON 25AUGUST 1924 (VISBY RULES) Brussels, 23 February 1968 Come into force , 23th June 1977 Member states:29, including the main states concerning shiping 三1978 - United Nations Convention on the Carriage of Goods by Sea - the Hamburg Rules Adopted :on 31 March 1978 entered into force on 1 November 1992 be prepared at the request of developing countries 四1. The Bill of Lading（P617页） An instrument issued by an ocean carrier to a shipper that serves as a receipt for goods shipped, as evidence of the contract of carriage, as a document of title for the goods. a bill of lading showing among other things: (a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage. (b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper. (c) The apparent order and condition of the goods. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a), (b) and (c). (Hague Rule) However, proof to the contrary shall not be admissible when the Bill of Lading has been transferred to a third party acting in good faith“ (Visby Rule) The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time o