96海上保险法中英文要点.doc

Marine Insurance 1906 1906海上保险法 Marine?Insurance 海上保险 1. MARINE INSURANCE DEFINED A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby by agreed, against marine losses, that is to say, the losses incident to marine adventure. 1．海上保险的定义 海上保险合同是一种合同，根据这种合同，保险人按照约定的方式和范围，对被保险人遭受的与航海有关的海上损失承担责任。 2. MIXED SEA AND LAND RISKS A contract of marine insurance may, by its express terms, or by usage of trade, be extended so as to protect the assured against losses on inland waters or on any land risk which may be incidental to any sea voyage. Where a ship in course of building, or the launch of a ship, or any adventure analogous to a marine adventure, is covered by a policy in the form of a marine policy, the provisions of this Act, in so far as applicable, shall apply thereto; but, except as by this section provided, nothing in this Act shall alter or affect any rule of law applicable to any contract of insurance other than a contract of marine insurance as by this Act defined. 2．海陆混合风险 （1）海上保险合同，得用明文条款或者根据贸易惯例，将责任范围扩展到保障被保险人在与海上航程有关的内河或内陆运输风险中所遭受的损失。（2）如果用海上保险单格式的保险单，承保建造中的船舶，或者船舶下水，或者类似航海的冒险，本法中的各项规定只要可以运用的都可适用；但除本条规定者外，本法的任何规定，都不能改变或影响任何适用于本法规定的海上保险合同以外的保险合同的法律规定。 3. MARINE ADVENTURE AND MARITIME PERILS DEFINED Subject to the provisions of this Act, every lawful marine adventure may be the subject of a contract of marine insurance. In particular there is a marine adventure where— Any ship, goods or other moveables are exposed to maritime perils. Such property is in this Act referred to as insurable property; The earning or acquisition of any freight, passage money, commission, profit, or other pecuniary benefit, or the security for any advances, loan, or disbursements, is endangered by the exposure of insurable property to maritime perils; Any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property, by re