受权发布|中华人民共和国海商法

Core Points - The Maritime Code of the People's Republic of China aims to regulate maritime transport relationships, protect the legal rights of parties involved, enhance marine ecological protection, and promote high-quality development of maritime transport and economic trade [3][6]. Chapter Summaries Chapter 1: General Principles - The law defines maritime transport as including both maritime cargo transport and passenger transport, covering direct transport between rivers and seas [3]. Chapter 2: Vessels - Vessels must be registered to obtain Chinese nationality and are entitled to fly the national flag [4]. - Ownership of vessels includes rights to possession, use, income, and disposal, which must be registered to be enforceable against third parties [7][8]. - The establishment of a ship mortgage requires a written contract and registration to be effective against third parties [10][12]. Chapter 3: Crew - The law defines crew members, including the captain, and mandates that Chinese crew members obtain appropriate certificates and health proofs [33][34]. Chapter 4: Maritime Cargo Transport Contracts - Maritime cargo transport contracts involve carriers receiving freight to transport goods from one port to another, including both international and domestic transport [38]. - Carriers are responsible for the goods during the transport period and must ensure the vessel is seaworthy and properly equipped [47][48]. Chapter 5: Maritime Passenger Transport Contracts - This chapter outlines the responsibilities and rights of carriers and passengers in maritime passenger transport [not explicitly detailed in the provided text]. Chapter 6: Charter Contracts - The chapter includes provisions for different types of charter contracts, including voyage and time charters [not explicitly detailed in the provided text]. Chapter 7: Maritime Towage Contracts - This chapter addresses the legal framework for contracts related to maritime towage [not explicitly detailed in the provided text]. Chapter 8: Ship Collisions - The law provides guidelines for handling ship collisions, including liability and compensation [not explicitly detailed in the provided text]. Chapter 9: Maritime Salvage - This chapter outlines the rights and obligations related to maritime salvage operations [not explicitly detailed in the provided text]. Chapter 10: General Average - The law addresses the principles of general average, which involves shared losses among parties in maritime transport [not explicitly detailed in the provided text]. Chapter 11: Limitation of Liability for Maritime Claims - This chapter sets forth the conditions under which parties can limit their liability for maritime claims [not explicitly detailed in the provided text]. Chapter 12: Liability for Oil Pollution Damage - The law establishes liability for damages caused by oil pollution from vessels [not explicitly detailed in the provided text]. Chapter 13: Maritime Insurance Contracts - This chapter outlines the general provisions for maritime insurance contracts, including the rights and obligations of the insured and insurer [not explicitly detailed in the provided text]. Chapter 14: Statute of Limitations - The law specifies the time limits for bringing maritime claims [not explicitly detailed in the provided text]. Chapter 15: Applicable Law for Foreign Relations - This chapter addresses the legal applicability in cases involving foreign parties [not explicitly detailed in the provided text]. Chapter 16: Supplementary Provisions - The final chapter includes various supplementary provisions relevant to the implementation of the law [not explicitly detailed in the provided text].