Workflow
海难救助
icon
Search documents
中华人民共和国海商法
Xin Hua Wang· 2025-10-28 17:01
General Principles - The Maritime Code of the People's Republic of China aims to regulate maritime transport relationships, protect the legal rights of all parties involved, enhance marine ecological environment protection, and promote high-quality development of maritime transport and economic trade [5][6]. Vessels - A vessel is defined as a sea vessel and other mobile devices at sea, excluding military and government vessels, as well as small vessels under 20 gross tons [5][6]. - Vessels must be registered to obtain Chinese nationality and are entitled to fly the national flag [5][6]. Maritime Transport Contracts - Maritime transport contracts involve the carrier receiving freight to transport goods from one port to another, including both international and domestic maritime transport contracts [38][39]. - The carrier is responsible for the goods during the transport period, which starts from the time of receiving the goods until delivery at the destination [41][49]. Carrier's Responsibilities - The carrier must ensure the vessel is seaworthy and properly equipped before departure [48]. - The carrier is liable for loss or damage to goods during the transport period unless specific exceptions apply, such as natural disasters or actions by the shipper [52][56]. Shipper's Responsibilities - The shipper must deliver goods suitable for transport and ensure proper packaging and accurate information regarding the goods [67][68]. - The shipper is responsible for any losses incurred by the carrier due to improper packaging or incorrect information [68]. Bills of Lading - A bill of lading serves as proof of the contract of carriage and receipt of goods, and it must include specific information such as the nature of the goods, names of the parties, and ports of loading and unloading [59][60]. - The bill of lading can be transferred under certain conditions, and its absence does not affect the rights and obligations between the carrier and the shipper [62][63]. Electronic Transport Records - Electronic transport records are recognized as having the same legal effect as traditional transport documents, provided they meet specific regulatory requirements [66][67]. - The conversion between electronic records and traditional documents is permitted, ensuring consistency in recorded information [86][87]. Delivery of Goods - Upon delivery, the recipient must notify the carrier of any loss or damage to the goods; failure to do so may result in the assumption that the goods were delivered in good condition [88][89]. - The carrier has the right to retain goods until all due payments are made, including freight and other related costs [94][95].