统提单干法律规国际公约（海牙规）
①注：海牙规海运输方面十分重公约已五十 国家承认十年许国家航运公司制发提单规定采规确定承运货物装船收受配载承运保料卸载程中应承担责义务应享受权利豁免九二四年制订海牙规实施半世纪身存实施程中出现项问题年国际济政治变化海运技术发展某容已时数国家特代表货方利益国家第三世界国家强烈求修改规目前海牙规修改存两方案：代表英国北欧传统海运国家提出维斯规联合国国际贸易法委员会属国际航运立法工作组提出代表第三世界货方利益汉堡规目前正处新旧交程中三规实际海运业务中分关国家船公司采三规应该解
第条 公约列词函义：
（ａ）承运包括托运订运输合船舶租船
（ｂ）运输合仅适提单类似物权证件进行关海货物 运输合租船合根租船合签发提单物权证件 成制约承运证持间关系准时包括
（ｃ）货物包括货物制品商品种类物品活牲畜运 输合载明装载舱面已样装运货物外
（ｄ）船舶指海货物运输船舶
（ｅ）货物运输指货物装船时起卸船时止段期间
第二条 遵第六条规定外海货物运输合承运关货物 装载搬运配载运送保料卸载应列规定承担责义 务享受权利豁免
第三条
１．承运须开航前开航时克职责：
（ａ）船舶适航行
（ｂ）适配备船员装备船舶供应船舶
（ｃ）货舱冷藏舱该船载货处适宜安全收受运送保 货物
２．遵第四条规定外承运应适谨慎装卸搬运配载运送 保料卸载运货物
３．承运船长承运代理收受货物托运请求 应托运签发提单载明列项：
（ａ）开始装货前托运书面提供者相辨认货物需唛头 果项唛头印戳方式标示带包装货物中装货物 箱子包装物该项唛头通常应航程终时保持清晰认
（ｂ）托运书面提供包数件数数量重量
（ｃ）货物表面状况
承运船长承运代理定必须货物唛头号码 数量重量表明标示提单果合理根怀疑提单正确代表实际 收货物适方法进行核话
４．第３款（ａ）（ｂ）（ｃ）项载容样张提单应作 承运收该提单中载货物初步证
５．托运应视已装船时承运保证提供唛头号码数量 重量均正确误应赔偿承运项目正确引起导致切灭 失损坏费承运种赔偿权利减轻根运输合托运外 承担责义务
６．货物移交根运输合权收货前时非卸货港 货物灭失损害般情况已书面通知承运代理种移交应作 承运已提单规定交付货物初步证
果灭失损坏明显种通知应交付货物日起三天提交
果货物状况收受时已进行联合检验检查须提交书面通知
非货物交付日应交付日起年提出诉讼承运船舶情 况免灭失损害负切责
遇实际推定灭失损害承运收货必须检验清点货物 相互予切合理便利
７．货物装船果托运求签发已装船提单承运船长承 运代理签发托运提单应已装船提单果托运事先已取 种货物物权单应交种单换取已装船提单根 承运决定装货港承运船长代理述物权单注明装货船 名装船日期样注明述单果载第三条第３款指项目应 成条指已装船提单
８．运输合中条款约定协议解承运船舶疏忽 失未履行条规定责义务引起货物关货物灭失损害 责公约规定减轻种责律效利承运 保险利益类似条款应视属免承运责条款
第四条
１．承运船舶适航引起灭失损坏负责非 造成原承运未第三条第１款规定克职责船舶适航保证 适配备船员装备供应该船货舱冷藏舱该船装货处 适宜安全收受运送保货物船舶适航引起灭失损害 已克职责举证责应根条规定求免责承运承担
２．承运船舶列原引起造成灭失损坏负责 ：
（ａ）船长船员引水员承运雇佣员航行理船舶中行 疏忽履行义务
（ｂ）火灾承运实际失私谋引起外
（ｃ）海航水域灾难危险意外事
（ｄ）天灾
（ｅ）战争行
（ｆ）公敌行
（ｇ）君权者民扣留制法扣押
（ｈ）检疫限制
（ｉ）托运货代理代表行行
（ｊ）原引起局部全面罢工关厂停止限制工作
（ｋ）暴动骚乱
（ｌ）救助企图救助海命财产
（ｍ）货物固缺点性质缺陷引起体积重量亏损 灭失损坏
（ｎ）包装善
（ｏ）唛头清
（ｐ）克职责发现潜缺点
（ｑ）非承运实际失私谋者承运代理雇佣员 失疏忽引起原求引条免责利益应负责举证 证明关灭失损坏非承运实际失私谋非承运代理 雇佣员失疏忽造成
３．非托运托运代理雇佣员行失疏忽 引起承运船舶遭受灭失损坏托运负责
４．救助企图救助海命财产发生绕航合理绕航 作破坏违反公约运输合行承运引起灭失损 害负责
５．承运船舶情况货物货物关灭失损害件 计费单位超百英镑等值货币部分负责托运 装货前已该项货物性质价值提出声明已提单中注明限
该项声明载入提单做初步证承运具约束力 终效力
承运船长承运代理托运双方协议规定款规定 高限额该高限额低述数额
承运提单中意谎报货物性质价值情况承运 船舶货物货物关灭失损害负责
６．承运船长承运代理事先知性质装载具易燃爆 炸危险性货物卸货前时候卸点销毁 害予赔偿该项货物托运应装载该项货物直接间接引 起切损害费负责果承运知道该项货物性质已意装载 该项货物船舶货载发生危险时样该项货物卸点销 毁害负赔偿责发生海损限
第五条 承运全部部分放弃公约中规定权利豁免 增加应承担项责义务种放弃增加须签发托 运提单注明
公约规定适租船合果提单根租船合签发 述提单应符合公约规定公约中规定妨碍提单中加注关 海损合法条款
第六条 前述条规定违反公秩序承运船长承运 代理托运承运特定货物应负责应义务享受 权利豁免船舶适航责等条件订立协议承 运雇佣员代理海运货物装载搬运配载运送保料卸载 方面应注意谨慎事项订立协议种情况必须未签发 签发提单应述协议条款载入转注明种字样收
样订立协议具完全法律效力
条规定适普通贸易程序成交般商业货运仅拟装运 财物性质状况进行运输环境条款条件订立特协议合理 需时适
第七条 条约中规定妨碍承运托运承运船舶海 运船舶载货物装船前卸船受灭失损害货物保料 搬运关灭失损害应承担责义务订立协议规定条件保留 免责条款
第八条 公约条规定影响关海运船舶责限制现行 法令规定承运权利义务
第九条 公约提货币单位金价
缔约国中英镑作货币单位保留公约指英镑数额四 舍五入方式折合国货币权利
国法律债务保留船舶抵达卸货港日通知兑换率国货币 偿清关货物债务权利
第十条 公约项规定适缔约国签发切提单
第十条 公约签字日起超二年期限利时政府应已声明 拟批准公约缔约国保持联系便决定否公约生效批准书应缔约 国协商确定日期交存布鲁塞尔首次交存批准书应载入参加国代表利 时外交部长签署议定书
交存批准书应书面通知送交利时政府附批准文件
利时政府应立关记载首次交存批准书议定书段指通知 附批准书等核证误副通外交途径送交已签署公约已加入公约 国家段指情况利时政府应收通知时知国
第十二条 未签署公约国家否已出席布鲁塞尔召开国际会 议加入公约
拟加入公约国家应意图书面通知利时政府送交加入文 件该项文件应存放利时政府档案库
利时政府应立加入公约通知书核证误副分送已签署公约 已加入公约国家注明收述通知日期
第十三条 缔约国签署批准加入公约时声明接受公约 包括全部治领殖民海外属保护国权权力辖 域代表声明中未包括治领殖民海外属 保护国域分加入公约缔约国根公约规定代表 治领殖民海外属保护国权权力辖域分声明退出 公约
第十四条 公约首批交存批准书国间议定书记载项交存日 起年开始生效批准加入公约国根第十三条规定公约生效 国利时政府收第十条第２款第十二条第２段指通知六月 生效
第十五条 缔约国欲退出公约应书面通知利时政府利时政府 立核证误通知副分送国家注明收述通知日期
种退出提出通知国家效生效日期述通知送达利时政府日 起年开始
第十六条 缔约国权考虑修改公约事项请求召开新会议
欲行项权利国家应通利时政府意图通知国家利时 政府安排召开会议事宜
九二四年八月二十五日订布鲁塞尔计份
（签字代表略）
签字议定书
签订统提单干法律规国际公约时列签字全权代表已 采议定书议定书犹已条款列入附公约样具样效 力
缔约国予公约法律效力公约采规适国 立法形式纳入该国法律生效
缔约国保留权力：
１．规定发生第四条第２款（ｃ）（ｐ）项述情况提单持应权 未第（ａ）项提承运雇佣员失引起灭失损坏 制定责制度
２．国海贸易中第六条规定点种货物考虑该条 末段规定限制
议定书九二四年八月二十五日订布鲁塞尔计份
（签字代表统提单干法律规国际公约相略）
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING
(HAGUE RULES)
(Brussels 25 August 1924)
The President of the German Republic the President of the Argentine Republic His Majesty the King of the Belgians the President of the Republic of Chile the President of the Republic of Cuba His Majesty the King of Denmark and Iceland His Majesty the King of Spain the Head of the Estonian State the President of the United States of America the President of the Republic of Finland the President of the French Republic His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas Emperor of India His Most Supreme Highness the Governor of the Kingdom of Hungary His Majesty the King of Italy His Majesty the Emperor of Japan the President of the Latvian Republic the President of the Republic of Mexico His Majesty the King of Norway Her Majesty the Queen of the Netherlands the President of the Republic of Peru the President of the Polish Republic the President of the Portuguese Republic His Majesty the King of Romania His Majesty the King of the Serbs Croats and Slovenes His Majesty the King of Sweden and the President of the Republic of Uruguay
HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bills of lading
HAVE DECIDED to conclude a convention with this object and have appointed the following Plenipotentiaries
WHO duly authorized thereto have agreed as follows
Article 1
In this Convention the following words are employed with the meanings set out below
(a) Carrier includes the owner or the charterer who enters into a contract of carriage with a shipper
(b) Contract of carriage applies only to contracts of carriage covered by a bill of lading or any similar document of title in so far as such document relates to the carriage of goods by sea including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same
(c) Goods includes goods wares merchandise and articles of every kind whatsoever except live animals and cargo which by the contract of carriage in stated as being carried on deck and is so carried
(d) Ship means any vessel used for the carriage of goods by sea
(e) Carriage of goods covers the period from the time when the goods are loaded on to the time they are discharged from the ship
Article 2
Subject to the provisions of Article 6 under every contract of carriage of goods by sea the carrier in relation to the loading handling stowage carriage custody care and discharge of such goods shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth
Article 3
1 The carrier shall be bound before and at the beginning of the voyage to exercise due diligence t
(a) Make the ship seaworthy
(b) Properly man equip and supply the ship
(c) Make the holds refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception carriage and preservation
2 Subject to the provisions of Article 4 the carrier shall properly and carefully load handle stow carry keep care for and discharge the goods carried
3 After receiving the goods into his charge the carrier or the master or agent of the carrier shall on demand of the shipper issue to the shipper a bill of lading showing among other things
(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts provided such marks are stamped or otherwise shown clearly upon the goods if uncovered or on the cases or coverings in which such goods are contained in such a manner as should ordinarily remain legible until the end of the voyage
(b) Either the number of packages or pieces or the quantity or weight as the case may be as furnished in writing by the shipper
(c) The apparent order and condition of the goods
Provided that no carrier master or agent of the carrier shall be bound to state or show in the bill of lading any marks number quantity or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received or which he has had no reasonable means of checking
4 Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a) (b) and (c)
5 The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks number quantity and weight as furnished by him and the shipper shall indemnity the carrier against all loss damages and expenses arising or resulting from inaccuracies in such particulars The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper
6 Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage or if the loss or damage be not apparent within three days such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading
If the loss or damage is not apparent the notice must be given within three days of the delivery of the goods
The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection
In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered
In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods
7 After the goods are loaded the bill of lading to be issued by the carrier master or agent of the carrier to the shipper shall if the shipper so demands be a shipped bill of lading provided that if the shipper shall have previously taken up any document of title to such goods he shall surrender the same as against the issue of the shipped bill of lading but at the option of the carrier such document of title may be noted at the port of shipment by the carrier master or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment and when so noted if it shows the particulars mentioned in paragraph 3 of Article 3 shall for the purpose of this Article be deemed to constitute a shipped bill of lading
8 Any clause covenant or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to or in connexion with goods arising from negligence fault or failure in the duties and obligations provided in this Article or lessening such liability otherwise than as provided in this Convention shall be null and void and of no effect A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability
Article 4
1 Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy and to secure that the ship is properly manned equipped and supplied and to make the holds refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception carriage and preservation in accordance with the provisions of paragraph 1 of Article 3 Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this Article
2 Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from
(a) Act neglect or default of the master mariner pilot or the servants of the carrier in the navigation or in the management of the ship
(b) Fire unless caused by the actual fault or privity of the carrier
(c) Perils dangers and accidents of the sea or other navigable waters
(d) Act of God
(e) Act of war
(f) Act of public enemies
(g) Arrest or restraint or princes rulers or people or seizure under legal process
(h) Quarantine restrictions
(i) Act or omission of the shipper or owner of the goods his agent or representative
(j) Strikes or lockouts or stoppage or restraint of labour from whatever cause whether partial or general
(k) Riots and civil commotions
(l) Saving or attempting to save life or property at sea
(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect quality or vice of the goods
(n) Insufficiency of packing
(o) Insufficiency or inadequacy of marks
(p) Latent defects not discoverable by due diligence
(q) Any other cause arising without the actual fault or privity of the carrier or without the actual fault or neglect of the agents or servants of the carrier but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage
3 The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act fault or neglect of the shipper his agents or his servants
4 Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of this Convention or of the contract of carriage and the carrier shall not be liable for any loss or damage resulting therefrom
5 Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connexion with goods in an amount exceeding 100 pounds sterling per package or unit or the equivalent of that sum in other currency unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading
This declaration if embodied in the bill of lading shall be prima facie evidence but shall not be binding or conclusive on the carrier
By agreement between the carrier master or agent of the carrier and the shipper another maximum amount than that mentioned in this paragraph may be fixed provided that such maximum shall not be less than the figure above named
Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connexion with goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading
6 Goods of an inflammable explosive or dangerous nature to the shipment whereof the carrier master or agent of the carrier has not consented with knowledge of their nature and character may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation and the shipper of such goods shall be liable for all damage and expenses directly or indirectly arising out of or resulting from such shipment If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average if any
Article 5
A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and obligations under this Convention provided such surrender or increase shall be embodied in the bill of lading issued to the shipper
The provisions of this Convention shall not be applicable to charter parties but if bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of this Convention Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average
Article 6
Notwithstanding the provisions of the preceding Articles a carrier master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods and as to the rights and immunities of the carrier in respect of such goods or his obligation as to seaworthiness so far as this stipulation is not contrary to public policy or the care or diligence of his servants or agents in regard to the loading handling stowage carriage custody care and discharge of the goods carried by sea provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a nonnegotiable document and shall be marked as such
Any agreement so entered into shall have full legal effect
Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade but only to other shipments where the character or condition of the property to be carried or the circumstances terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement
Article 7
Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement stipulation condition reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to or in connexion with the custody and care and handling of goods prior to the loading on and subsequent to the discharge from the ship on which the goods are carried by sea
Article 8
The provisions of this Convention shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of seagoing vessels
Article 9
The monetary units mentioned in this Convention are to be taken to be gold value
Those contracting States in which the pound sterling is not a monetary unit reserve to themselves the right of translating the sums indicated in this Convention in terms of pound sterling into terms of their own monetary system in round figures
The national laws may reserve to the debtor the right of discharging his debt in national currency according to the rate of exchange prevailing on the day of the arrival of the ship at the port of discharge of the goods concerned
Article 10
The provisions of this Convention shall apply to all bills of lading issued in any of the contracting States
Article 11
After an interval of not more than two years from the day on which the Convention is signed the Belgian Government shall place itself in communication with the Governments of the High Contracting Parties which have declared themselves prepared to ratify the Convention with a view to deciding whether it shall be put into force The ratifications shall be deposited at Brussels at a date to be fixed by agreement among the said Governments The first deposit of ratifications shall be recorded in a procèsverbal signed by the representatives of the Powers which take part therein and by the Belgian Minister of Foreign Affairs
The subsequent deposit of ratifications shall be made by means of a written notification addressed to the Belgian Government and accompanied by the instrument of ratification
A duly certified copy of the procèsverbal relating to the first deposit of ratifications of the notifications referred to in the previous paragraph and also of the instruments of ratification accompanying them shall be immediately sent by the Belgian Government through the diplomatic channel to the Powers who have signed this Convention or who have acceded to it In the cases contemplated in the preceding paragraph the said Government shall inform them at the same time of the date on which it received the notification
Article 12
Nonsignatory States may accede to the present Convention whether or not they have been represented at the International Conference at Brussels
A State which desires to accede shall notify its intention in writing to the Belgian Government forwarding to it the document of accession which shall be deposited in the archives of the said Government
The Belgian Government shall immediately forward to all the States which have signed or acceded to the Convention a duly certified copy of the notification and of the act of accession mentioning the date on which it received the notification
Article 13
The High Contracting Parties may at the time of signature ratification or accession declare that their acceptance of the present Convention does not include any or all of the selfgoverning dominions or of the colonies overseas possessions protectorates or territories under their sovereignty or authority and they may subsequently accede separately on behalf of any selfgoverning dominion colony overseas possession protectorate or territory excluded in their declaration They may also denounce the Convention separately in accordance with its provisions in respect of any selfgoverning dominion or any colony overseas possession protectorate or territory under their sovereignty or authority
Article 14
The present Convention shall take effect in the case of the States which have taken part in the first deposit of ratifications one year after the date of the protocol recording such deposit
As respects the States which ratify subsequently or which accede and also in cases in which the Convention is subsequently put into effect in accordance with Article 13 it shall take effect six months after the notifications specified in paragraph 2 of Article 11 and paragraph 2 of Article 12 have been received by the Belgian Government
Article 15
In the event of one of the contracting States wishing to denounce the present Convention the denunciation shall be notified in writing to the Belgian Government which shall immediately communicate a duly certified copy of the notification to all the other States informing them of the date on which it was received
The denunciation shall only operate in respect of the State which made the notification and on the expiry of one year after the notification has reached the Belgian Government
Article 16
Any one of the contracting States shall have the right to call for a fresh conference with a view to considering possible amendments
A State which would exercise this right should notify its intention to the other States through the Belgian Government which would make arrangements for convening the Conference
DONE at Brussels in a single copy August 25th 1924
— END —
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①注：海牙规海运输方面十分重公约已五十 国家承认十年许国家航运公司制发提单规定采规确定承运货物装船收受配载承运保料卸载程中应承担责义务应享受权利豁免九二四年制订海牙规实施半世纪身存实施程中出现项问题年国际济政治变化海运技术发展某容已时数国家特代表货方利益国家第三世界国家强烈求修改规目前海牙规修改存两方案：代表英国北欧传统海运国家提出维斯规联合国国际贸易法委员会属国际航运立法工作组提出代表第三世界货方利益汉堡规目前正处新旧交程中三规实际海运业务中分关国家船公司采三规应该解
第条 公约列词函义：
（ａ）承运包括托运订运输合船舶租船
（ｂ）运输合仅适提单类似物权证件进行关海货物 运输合租船合根租船合签发提单物权证件 成制约承运证持间关系准时包括
（ｃ）货物包括货物制品商品种类物品活牲畜运 输合载明装载舱面已样装运货物外
（ｄ）船舶指海货物运输船舶
（ｅ）货物运输指货物装船时起卸船时止段期间
第二条 遵第六条规定外海货物运输合承运关货物 装载搬运配载运送保料卸载应列规定承担责义 务享受权利豁免
第三条
１．承运须开航前开航时克职责：
（ａ）船舶适航行
（ｂ）适配备船员装备船舶供应船舶
（ｃ）货舱冷藏舱该船载货处适宜安全收受运送保 货物
２．遵第四条规定外承运应适谨慎装卸搬运配载运送 保料卸载运货物
３．承运船长承运代理收受货物托运请求 应托运签发提单载明列项：
（ａ）开始装货前托运书面提供者相辨认货物需唛头 果项唛头印戳方式标示带包装货物中装货物 箱子包装物该项唛头通常应航程终时保持清晰认
（ｂ）托运书面提供包数件数数量重量
（ｃ）货物表面状况
承运船长承运代理定必须货物唛头号码 数量重量表明标示提单果合理根怀疑提单正确代表实际 收货物适方法进行核话
４．第３款（ａ）（ｂ）（ｃ）项载容样张提单应作 承运收该提单中载货物初步证
５．托运应视已装船时承运保证提供唛头号码数量 重量均正确误应赔偿承运项目正确引起导致切灭 失损坏费承运种赔偿权利减轻根运输合托运外 承担责义务
６．货物移交根运输合权收货前时非卸货港 货物灭失损害般情况已书面通知承运代理种移交应作 承运已提单规定交付货物初步证
果灭失损坏明显种通知应交付货物日起三天提交
果货物状况收受时已进行联合检验检查须提交书面通知
非货物交付日应交付日起年提出诉讼承运船舶情 况免灭失损害负切责
遇实际推定灭失损害承运收货必须检验清点货物 相互予切合理便利
７．货物装船果托运求签发已装船提单承运船长承 运代理签发托运提单应已装船提单果托运事先已取 种货物物权单应交种单换取已装船提单根 承运决定装货港承运船长代理述物权单注明装货船 名装船日期样注明述单果载第三条第３款指项目应 成条指已装船提单
８．运输合中条款约定协议解承运船舶疏忽 失未履行条规定责义务引起货物关货物灭失损害 责公约规定减轻种责律效利承运 保险利益类似条款应视属免承运责条款
第四条
１．承运船舶适航引起灭失损坏负责非 造成原承运未第三条第１款规定克职责船舶适航保证 适配备船员装备供应该船货舱冷藏舱该船装货处 适宜安全收受运送保货物船舶适航引起灭失损害 已克职责举证责应根条规定求免责承运承担
２．承运船舶列原引起造成灭失损坏负责 ：
（ａ）船长船员引水员承运雇佣员航行理船舶中行 疏忽履行义务
（ｂ）火灾承运实际失私谋引起外
（ｃ）海航水域灾难危险意外事
（ｄ）天灾
（ｅ）战争行
（ｆ）公敌行
（ｇ）君权者民扣留制法扣押
（ｈ）检疫限制
（ｉ）托运货代理代表行行
（ｊ）原引起局部全面罢工关厂停止限制工作
（ｋ）暴动骚乱
（ｌ）救助企图救助海命财产
（ｍ）货物固缺点性质缺陷引起体积重量亏损 灭失损坏
（ｎ）包装善
（ｏ）唛头清
（ｐ）克职责发现潜缺点
（ｑ）非承运实际失私谋者承运代理雇佣员 失疏忽引起原求引条免责利益应负责举证 证明关灭失损坏非承运实际失私谋非承运代理 雇佣员失疏忽造成
３．非托运托运代理雇佣员行失疏忽 引起承运船舶遭受灭失损坏托运负责
４．救助企图救助海命财产发生绕航合理绕航 作破坏违反公约运输合行承运引起灭失损 害负责
５．承运船舶情况货物货物关灭失损害件 计费单位超百英镑等值货币部分负责托运 装货前已该项货物性质价值提出声明已提单中注明限
该项声明载入提单做初步证承运具约束力 终效力
承运船长承运代理托运双方协议规定款规定 高限额该高限额低述数额
承运提单中意谎报货物性质价值情况承运 船舶货物货物关灭失损害负责
６．承运船长承运代理事先知性质装载具易燃爆 炸危险性货物卸货前时候卸点销毁 害予赔偿该项货物托运应装载该项货物直接间接引 起切损害费负责果承运知道该项货物性质已意装载 该项货物船舶货载发生危险时样该项货物卸点销 毁害负赔偿责发生海损限
第五条 承运全部部分放弃公约中规定权利豁免 增加应承担项责义务种放弃增加须签发托 运提单注明
公约规定适租船合果提单根租船合签发 述提单应符合公约规定公约中规定妨碍提单中加注关 海损合法条款
第六条 前述条规定违反公秩序承运船长承运 代理托运承运特定货物应负责应义务享受 权利豁免船舶适航责等条件订立协议承 运雇佣员代理海运货物装载搬运配载运送保料卸载 方面应注意谨慎事项订立协议种情况必须未签发 签发提单应述协议条款载入转注明种字样收
样订立协议具完全法律效力
条规定适普通贸易程序成交般商业货运仅拟装运 财物性质状况进行运输环境条款条件订立特协议合理 需时适
第七条 条约中规定妨碍承运托运承运船舶海 运船舶载货物装船前卸船受灭失损害货物保料 搬运关灭失损害应承担责义务订立协议规定条件保留 免责条款
第八条 公约条规定影响关海运船舶责限制现行 法令规定承运权利义务
第九条 公约提货币单位金价
缔约国中英镑作货币单位保留公约指英镑数额四 舍五入方式折合国货币权利
国法律债务保留船舶抵达卸货港日通知兑换率国货币 偿清关货物债务权利
第十条 公约项规定适缔约国签发切提单
第十条 公约签字日起超二年期限利时政府应已声明 拟批准公约缔约国保持联系便决定否公约生效批准书应缔约 国协商确定日期交存布鲁塞尔首次交存批准书应载入参加国代表利 时外交部长签署议定书
交存批准书应书面通知送交利时政府附批准文件
利时政府应立关记载首次交存批准书议定书段指通知 附批准书等核证误副通外交途径送交已签署公约已加入公约 国家段指情况利时政府应收通知时知国
第十二条 未签署公约国家否已出席布鲁塞尔召开国际会 议加入公约
拟加入公约国家应意图书面通知利时政府送交加入文 件该项文件应存放利时政府档案库
利时政府应立加入公约通知书核证误副分送已签署公约 已加入公约国家注明收述通知日期
第十三条 缔约国签署批准加入公约时声明接受公约 包括全部治领殖民海外属保护国权权力辖 域代表声明中未包括治领殖民海外属 保护国域分加入公约缔约国根公约规定代表 治领殖民海外属保护国权权力辖域分声明退出 公约
第十四条 公约首批交存批准书国间议定书记载项交存日 起年开始生效批准加入公约国根第十三条规定公约生效 国利时政府收第十条第２款第十二条第２段指通知六月 生效
第十五条 缔约国欲退出公约应书面通知利时政府利时政府 立核证误通知副分送国家注明收述通知日期
种退出提出通知国家效生效日期述通知送达利时政府日 起年开始
第十六条 缔约国权考虑修改公约事项请求召开新会议
欲行项权利国家应通利时政府意图通知国家利时 政府安排召开会议事宜
九二四年八月二十五日订布鲁塞尔计份
（签字代表略）
签字议定书
签订统提单干法律规国际公约时列签字全权代表已 采议定书议定书犹已条款列入附公约样具样效 力
缔约国予公约法律效力公约采规适国 立法形式纳入该国法律生效
缔约国保留权力：
１．规定发生第四条第２款（ｃ）（ｐ）项述情况提单持应权 未第（ａ）项提承运雇佣员失引起灭失损坏 制定责制度
２．国海贸易中第六条规定点种货物考虑该条 末段规定限制
议定书九二四年八月二十五日订布鲁塞尔计份
（签字代表统提单干法律规国际公约相略）
INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING
(HAGUE RULES)
(Brussels 25 August 1924)
The President of the German Republic the President of the Argentine Republic His Majesty the King of the Belgians the President of the Republic of Chile the President of the Republic of Cuba His Majesty the King of Denmark and Iceland His Majesty the King of Spain the Head of the Estonian State the President of the United States of America the President of the Republic of Finland the President of the French Republic His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas Emperor of India His Most Supreme Highness the Governor of the Kingdom of Hungary His Majesty the King of Italy His Majesty the Emperor of Japan the President of the Latvian Republic the President of the Republic of Mexico His Majesty the King of Norway Her Majesty the Queen of the Netherlands the President of the Republic of Peru the President of the Polish Republic the President of the Portuguese Republic His Majesty the King of Romania His Majesty the King of the Serbs Croats and Slovenes His Majesty the King of Sweden and the President of the Republic of Uruguay
HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bills of lading
HAVE DECIDED to conclude a convention with this object and have appointed the following Plenipotentiaries
WHO duly authorized thereto have agreed as follows
Article 1
In this Convention the following words are employed with the meanings set out below
(a) Carrier includes the owner or the charterer who enters into a contract of carriage with a shipper
(b) Contract of carriage applies only to contracts of carriage covered by a bill of lading or any similar document of title in so far as such document relates to the carriage of goods by sea including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same
(c) Goods includes goods wares merchandise and articles of every kind whatsoever except live animals and cargo which by the contract of carriage in stated as being carried on deck and is so carried
(d) Ship means any vessel used for the carriage of goods by sea
(e) Carriage of goods covers the period from the time when the goods are loaded on to the time they are discharged from the ship
Article 2
Subject to the provisions of Article 6 under every contract of carriage of goods by sea the carrier in relation to the loading handling stowage carriage custody care and discharge of such goods shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth
Article 3
1 The carrier shall be bound before and at the beginning of the voyage to exercise due diligence t
(a) Make the ship seaworthy
(b) Properly man equip and supply the ship
(c) Make the holds refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception carriage and preservation
2 Subject to the provisions of Article 4 the carrier shall properly and carefully load handle stow carry keep care for and discharge the goods carried
3 After receiving the goods into his charge the carrier or the master or agent of the carrier shall on demand of the shipper issue to the shipper a bill of lading showing among other things
(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts provided such marks are stamped or otherwise shown clearly upon the goods if uncovered or on the cases or coverings in which such goods are contained in such a manner as should ordinarily remain legible until the end of the voyage
(b) Either the number of packages or pieces or the quantity or weight as the case may be as furnished in writing by the shipper
(c) The apparent order and condition of the goods
Provided that no carrier master or agent of the carrier shall be bound to state or show in the bill of lading any marks number quantity or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received or which he has had no reasonable means of checking
4 Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a) (b) and (c)
5 The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks number quantity and weight as furnished by him and the shipper shall indemnity the carrier against all loss damages and expenses arising or resulting from inaccuracies in such particulars The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper
6 Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage or if the loss or damage be not apparent within three days such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading
If the loss or damage is not apparent the notice must be given within three days of the delivery of the goods
The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection
In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered
In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods
7 After the goods are loaded the bill of lading to be issued by the carrier master or agent of the carrier to the shipper shall if the shipper so demands be a shipped bill of lading provided that if the shipper shall have previously taken up any document of title to such goods he shall surrender the same as against the issue of the shipped bill of lading but at the option of the carrier such document of title may be noted at the port of shipment by the carrier master or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment and when so noted if it shows the particulars mentioned in paragraph 3 of Article 3 shall for the purpose of this Article be deemed to constitute a shipped bill of lading
8 Any clause covenant or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to or in connexion with goods arising from negligence fault or failure in the duties and obligations provided in this Article or lessening such liability otherwise than as provided in this Convention shall be null and void and of no effect A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability
Article 4
1 Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy and to secure that the ship is properly manned equipped and supplied and to make the holds refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception carriage and preservation in accordance with the provisions of paragraph 1 of Article 3 Whenever loss or damage has resulted from unseaworthiness the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this Article
2 Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from
(a) Act neglect or default of the master mariner pilot or the servants of the carrier in the navigation or in the management of the ship
(b) Fire unless caused by the actual fault or privity of the carrier
(c) Perils dangers and accidents of the sea or other navigable waters
(d) Act of God
(e) Act of war
(f) Act of public enemies
(g) Arrest or restraint or princes rulers or people or seizure under legal process
(h) Quarantine restrictions
(i) Act or omission of the shipper or owner of the goods his agent or representative
(j) Strikes or lockouts or stoppage or restraint of labour from whatever cause whether partial or general
(k) Riots and civil commotions
(l) Saving or attempting to save life or property at sea
(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect quality or vice of the goods
(n) Insufficiency of packing
(o) Insufficiency or inadequacy of marks
(p) Latent defects not discoverable by due diligence
(q) Any other cause arising without the actual fault or privity of the carrier or without the actual fault or neglect of the agents or servants of the carrier but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage
3 The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act fault or neglect of the shipper his agents or his servants
4 Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of this Convention or of the contract of carriage and the carrier shall not be liable for any loss or damage resulting therefrom
5 Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connexion with goods in an amount exceeding 100 pounds sterling per package or unit or the equivalent of that sum in other currency unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading
This declaration if embodied in the bill of lading shall be prima facie evidence but shall not be binding or conclusive on the carrier
By agreement between the carrier master or agent of the carrier and the shipper another maximum amount than that mentioned in this paragraph may be fixed provided that such maximum shall not be less than the figure above named
Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connexion with goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading
6 Goods of an inflammable explosive or dangerous nature to the shipment whereof the carrier master or agent of the carrier has not consented with knowledge of their nature and character may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation and the shipper of such goods shall be liable for all damage and expenses directly or indirectly arising out of or resulting from such shipment If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average if any
Article 5
A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and obligations under this Convention provided such surrender or increase shall be embodied in the bill of lading issued to the shipper
The provisions of this Convention shall not be applicable to charter parties but if bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of this Convention Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average
Article 6
Notwithstanding the provisions of the preceding Articles a carrier master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods and as to the rights and immunities of the carrier in respect of such goods or his obligation as to seaworthiness so far as this stipulation is not contrary to public policy or the care or diligence of his servants or agents in regard to the loading handling stowage carriage custody care and discharge of the goods carried by sea provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a nonnegotiable document and shall be marked as such
Any agreement so entered into shall have full legal effect
Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade but only to other shipments where the character or condition of the property to be carried or the circumstances terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement
Article 7
Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement stipulation condition reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to or in connexion with the custody and care and handling of goods prior to the loading on and subsequent to the discharge from the ship on which the goods are carried by sea
Article 8
The provisions of this Convention shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of seagoing vessels
Article 9
The monetary units mentioned in this Convention are to be taken to be gold value
Those contracting States in which the pound sterling is not a monetary unit reserve to themselves the right of translating the sums indicated in this Convention in terms of pound sterling into terms of their own monetary system in round figures
The national laws may reserve to the debtor the right of discharging his debt in national currency according to the rate of exchange prevailing on the day of the arrival of the ship at the port of discharge of the goods concerned
Article 10
The provisions of this Convention shall apply to all bills of lading issued in any of the contracting States
Article 11
After an interval of not more than two years from the day on which the Convention is signed the Belgian Government shall place itself in communication with the Governments of the High Contracting Parties which have declared themselves prepared to ratify the Convention with a view to deciding whether it shall be put into force The ratifications shall be deposited at Brussels at a date to be fixed by agreement among the said Governments The first deposit of ratifications shall be recorded in a procèsverbal signed by the representatives of the Powers which take part therein and by the Belgian Minister of Foreign Affairs
The subsequent deposit of ratifications shall be made by means of a written notification addressed to the Belgian Government and accompanied by the instrument of ratification
A duly certified copy of the procèsverbal relating to the first deposit of ratifications of the notifications referred to in the previous paragraph and also of the instruments of ratification accompanying them shall be immediately sent by the Belgian Government through the diplomatic channel to the Powers who have signed this Convention or who have acceded to it In the cases contemplated in the preceding paragraph the said Government shall inform them at the same time of the date on which it received the notification
Article 12
Nonsignatory States may accede to the present Convention whether or not they have been represented at the International Conference at Brussels
A State which desires to accede shall notify its intention in writing to the Belgian Government forwarding to it the document of accession which shall be deposited in the archives of the said Government
The Belgian Government shall immediately forward to all the States which have signed or acceded to the Convention a duly certified copy of the notification and of the act of accession mentioning the date on which it received the notification
Article 13
The High Contracting Parties may at the time of signature ratification or accession declare that their acceptance of the present Convention does not include any or all of the selfgoverning dominions or of the colonies overseas possessions protectorates or territories under their sovereignty or authority and they may subsequently accede separately on behalf of any selfgoverning dominion colony overseas possession protectorate or territory excluded in their declaration They may also denounce the Convention separately in accordance with its provisions in respect of any selfgoverning dominion or any colony overseas possession protectorate or territory under their sovereignty or authority
Article 14
The present Convention shall take effect in the case of the States which have taken part in the first deposit of ratifications one year after the date of the protocol recording such deposit
As respects the States which ratify subsequently or which accede and also in cases in which the Convention is subsequently put into effect in accordance with Article 13 it shall take effect six months after the notifications specified in paragraph 2 of Article 11 and paragraph 2 of Article 12 have been received by the Belgian Government
Article 15
In the event of one of the contracting States wishing to denounce the present Convention the denunciation shall be notified in writing to the Belgian Government which shall immediately communicate a duly certified copy of the notification to all the other States informing them of the date on which it was received
The denunciation shall only operate in respect of the State which made the notification and on the expiry of one year after the notification has reached the Belgian Government
Article 16
Any one of the contracting States shall have the right to call for a fresh conference with a view to considering possible amendments
A State which would exercise this right should notify its intention to the other States through the Belgian Government which would make arrangements for convening the Conference
DONE at Brussels in a single copy August 25th 1924
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