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Second, carriers have different liabilities in different trades. Article 2(2) of the Maritime Code provides that ‘the provisions concerning contracts of carriage of goods by sea contained in Chapter 4 of this Code shall not be applicable to the maritime transport of goods between the ports of the People’s Republic of China’, but only applicable to international trade. Article 51 in the Chapter, which was adopted from Article 4(2) of the Hague Rules, provides that a carrier shall not be liable for the loss of or damage to the goods arising or resulting from any of the following causes: (1) fault of the Master, crew members, pilot or servant of the carrier in the navigation or management of the ship; (2) fire, unless caused by the actual fault of the carrier; (3) force majeure and perils, dangers and accidents of the sea or other navigable waters; (4) war or armed conflict; (5) act of the government or competent authorities, quarantine restrictions or seizure under legal process; (6) strikes, stoppages or restraint of labour; (7) saving or attempting to save life or property at sea; (8) act of the shipper or owner of the goods or their agents; (9) nature or inherent vice of the goods; (10) inadequacy of packing or insufficiency or illegibility of marks; (11) latent defect of the ship not discoverable by due diligence; or (12) any other cause arising without the fault of the carrier or his servant. However, international carriers are liable for delays in delivery of the cargo carried. Article 50(2) of the Maritime Code provides that the carrier shall be liable for loss of, or damage to, goods caused by delay in delivery due to the fault of the carrier. This provision is adapted from Article 5 of the Hamburg Rules. Thus, it may be concluded that the carrier’s liability under the Maritime Code was based on the principles of the Hague Rules but greatly influenced by the Hamburg Rules in some aspects. In domestic trade, under the Enforcement Details of Contracts of Waterway Transport, a carrier undertakes strict liability for the carried goods. This means he is liable for all the losses of and damages to goods carried to the full extent without package limitation, excepting only losses and damages caused by ‘force majeure, inherent vice of goods and acts or negligence of the shippers or consignees’. But domestic carriers are not liable for any delay in delivery. Third, carriers enjoy different global limitations of liabilities. For international trade, limitation of liability for maritime claims is governed by Articles 204–15 in Chapter 11 of the Maritime Code. These provisions were
DOI link for Second, carriers have different liabilities in different trades. Article 2(2) of the Maritime Code provides that ‘the provisions concerning contracts of carriage of goods by sea contained in Chapter 4 of this Code shall not be applicable to the maritime transport of goods between the ports of the People’s Republic of China’, but only applicable to international trade. Article 51 in the Chapter, which was adopted from Article 4(2) of the Hague Rules, provides that a carrier shall not be liable for the loss of or damage to the goods arising or resulting from any of the following causes: (1) fault of the Master, crew members, pilot or servant of the carrier in the navigation or management of the ship; (2) fire, unless caused by the actual fault of the carrier; (3) force majeure and perils, dangers and accidents of the sea or other navigable waters; (4) war or armed conflict; (5) act of the government or competent authorities, quarantine restrictions or seizure under legal process; (6) strikes, stoppages or restraint of labour; (7) saving or attempting to save life or property at sea; (8) act of the shipper or owner of the goods or their agents; (9) nature or inherent vice of the goods; (10) inadequacy of packing or insufficiency or illegibility of marks; (11) latent defect of the ship not discoverable by due diligence; or (12) any other cause arising without the fault of the carrier or his servant. However, international carriers are liable for delays in delivery of the cargo carried. Article 50(2) of the Maritime Code provides that the carrier shall be liable for loss of, or damage to, goods caused by delay in delivery due to the fault of the carrier. This provision is adapted from Article 5 of the Hamburg Rules. Thus, it may be concluded that the carrier’s liability under the Maritime Code was based on the principles of the Hague Rules but greatly influenced by the Hamburg Rules in some aspects. In domestic trade, under the Enforcement Details of Contracts of Waterway Transport, a carrier undertakes strict liability for the carried goods. This means he is liable for all the losses of and damages to goods carried to the full extent without package limitation, excepting only losses and damages caused by ‘force majeure, inherent vice of goods and acts or negligence of the shippers or consignees’. But domestic carriers are not liable for any delay in delivery. Third, carriers enjoy different global limitations of liabilities. For international trade, limitation of liability for maritime claims is governed by Articles 204–15 in Chapter 11 of the Maritime Code. These provisions were
Second, carriers have different liabilities in different trades. Article 2(2) of the Maritime Code provides that ‘the provisions concerning contracts of carriage of goods by sea contained in Chapter 4 of this Code shall not be applicable to the maritime transport of goods between the ports of the People’s Republic of China’, but only applicable to international trade. Article 51 in the Chapter, which was adopted from Article 4(2) of the Hague Rules, provides that a carrier shall not be liable for the loss of or damage to the goods arising or resulting from any of the following causes: (1) fault of the Master, crew members, pilot or servant of the carrier in the navigation or management of the ship; (2) fire, unless caused by the actual fault of the carrier; (3) force majeure and perils, dangers and accidents of the sea or other navigable waters; (4) war or armed conflict; (5) act of the government or competent authorities, quarantine restrictions or seizure under legal process; (6) strikes, stoppages or restraint of labour; (7) saving or attempting to save life or property at sea; (8) act of the shipper or owner of the goods or their agents; (9) nature or inherent vice of the goods; (10) inadequacy of packing or insufficiency or illegibility of marks; (11) latent defect of the ship not discoverable by due diligence; or (12) any other cause arising without the fault of the carrier or his servant. However, international carriers are liable for delays in delivery of the cargo carried. Article 50(2) of the Maritime Code provides that the carrier shall be liable for loss of, or damage to, goods caused by delay in delivery due to the fault of the carrier. This provision is adapted from Article 5 of the Hamburg Rules. Thus, it may be concluded that the carrier’s liability under the Maritime Code was based on the principles of the Hague Rules but greatly influenced by the Hamburg Rules in some aspects. In domestic trade, under the Enforcement Details of Contracts of Waterway Transport, a carrier undertakes strict liability for the carried goods. This means he is liable for all the losses of and damages to goods carried to the full extent without package limitation, excepting only losses and damages caused by ‘force majeure, inherent vice of goods and acts or negligence of the shippers or consignees’. But domestic carriers are not liable for any delay in delivery. Third, carriers enjoy different global limitations of liabilities. For international trade, limitation of liability for maritime claims is governed by Articles 204–15 in Chapter 11 of the Maritime Code. These provisions were
ABSTRACT
Second, carriers have different liabilities in different trades. Article 2(2) of the Maritime Code provides that ‘the provisions concerning contracts of carriage of goods by sea contained in Chapter 4 of this Code shall not be applicable to the maritime transport of goods between the ports of the People’s Republic of China’, but only applicable to international trade. Article 51 in the Chapter, which was adopted from Article 4(2) of the Hague Rules, provides that a carrier shall not be liable for the loss of or damage to the goods arising or resulting from any of the following causes: (1) fault of the Master, crew members, pilot or servant of the carrier in the