海損分擔 的英文怎麼說
中文拼音 [hǎisǔnfēndān]
海損分擔
英文
average contribution-
Subject to any express provision in the policy, where the assured has paid, or is liable for, any general average contribution, the measure of indemnity is the full amount of such contribution, if the subject matter liable to contribution is insured for its full contributory value ; but, if such subject - matter be not insured for its full contributory value, or if only part of it be insured, the indemnity payable by the insurer must be reduced in proportion to the under insurance, and where there has been a particular average loss which constitutes a deduction from the contributory value, and for which the insurer is liable, that amount must be deducted from the insured value in order to ascertain what the insurer is liable to contribute
除保單另有規定外，如果被保險人已經給付或有責任給付任何共同海損分攤，其賠償限額為：如果負責分攤的標的物是按分攤價值足額投保的話，應按共同海損分攤全額賠付；如果該標的物未按分攤價值足額投保或只投保了一部分，保險人應支付的賠償額必須按不足額保險比例減少，而且如果發生了應從分攤價值內扣掉的單獨海損損失，且保險人對此負有賠償責任，則應從保險價值中先予扣除，以便確定保險人應承擔的分攤額。Chapter ii makes analysis on properties of lien on marine goods under article 87 of maritime code, based on examples of legislation on lien in various countries. the author holds that there are two properties of lien : one is lien exercised by the carrier when the freight, contribution in general average and other necessary charges which are the other party ' s obligation to be paid to the carrier are not paid. it is a real right lien, which is a legal real right for security
第二章通過各國留置權立法例的啟示，分析了我國《海商法》第87條項下的海運貨物留置權的性質，筆者認為其性質分為二部分：承運人為收取運費、共同海損分攤和為貨物墊付的必要費用等屬于對方合同義務的費用而行使的留置權，是一種物權性的留置權，為法定擔保物權；承運人為收取滯期費等屬于對方合同責任的費用而扣留貨物，是一種債權性留置權，為合同的留置權。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
如果就貨物應負擔的共同海損、救助或特殊費用收取了保證金，此項保證金應以船舶所有人和保證金交付者所分別指定的代表的聯合名義，立即存入經雙方認可的銀行的特別帳戶。Article 87 if the freight, contribution in general average, demurrage to be paid to the carrier and other necessary charges paid by the carrier on behalf of the owner of the goods as well as other charges to be paid to the carrier have not been paid in full, nor has appropriate security been given, the carrier may have a lien, to a reasonable extent, on the goods
第八十七條應當向承運人支付的運費、共同海損分攤、滯期費和承運人為貨物墊付的必要費用以及應當向承運人支付的其他費用沒有付清，又沒有提供當擔保的，承運人可以在合理的限度內留置其貨物。The proportion attaching to cargo of the allowances made in general average by reason of applying the third paragraph of this rule shall not exceed the cost which would have been borne by the owners of cargo if the cargo had been forward at their expense
因適用本條第三款，認作共同海損補償而由貨物分攤的部分不應超過假如由貨主承擔費用把貨物轉運至目的港所應支付的費用。分享友人