- 中国交通运输业法律法规中英数据库 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
中国交通运输业法律法规中英数据库
- 一人对另一人的死亡或者伤害提起诉讼，请求赔偿时，损害是该另一人或者其受雇人、代理人的过错造成的，适用前款规定。 Where an action is brought by one person to recover the damage arising from the death or injury of another person, and the damage was caused by the fault of such other person, or of his servants or agents, the provisions of the preceding paragraph shall apply.
- 货物发生保险事故后，认为实际全损已经不可避免，或者为避免发生实际全损所需支付的费用与继续将货物运抵目的地的费用之和超过保险价值的，为推定全损。 Where an actual total loss is considered to be unavoidable after the cargo has suffered a peril insured against, or the expenses to be incurred for avoiding the total actual loss plus that for forwarding the cargo to its destination would exceed its insured value, it shall constitute a constructive total loss.
- 机长发现民用航空器、机尝气象条件等不符合规定，不能保证飞行安全的，有权拒绝起飞。 Where and when a pilot-in-command discovers that the civil aircraft, airport and weather conditions do not conform to the requirements prescribed and cannot ensure flight safety, he has the right to refuse takeoff.
- 船舶造成油污损害的，船舶所有人及其责任保险人或者提供财务保证的其他人为取得法律规定的责任限制的权利，应当向海事法院设立油污损害的海事赔偿责任限制基金。 Where any oil pollution damage is caused by a ship, the shipowner and the insurer of liability or other persons providing financial suretyship shall, for a purpose of obtaining the right to limitation of liability stipulated by law, constitute a limitation fund for maritime claims liability of oil pollution damage with the maritime court.
- 已设立责任限制基金的责任人的船或者其他财产已经被扣押，或者基金设立人已经提交抵押物的，法院应当及时下令释放或者责令退还。 Where any ship or other property belonging to the person constituting the fund has been arrested or attached, or, where a security has been provided by such person, the court shall order without delay the release of the ship arrested or the property attached or the return of the security provided.
- 碰撞造成第三人财产损失的，各船的赔偿责任均不超过其应当承担的比例。 Where damage is caused to the property of a third party, the liability for compensation of any of the colliding ships shall not exceed the proportion it shall bear.
- 地方铁路运输的物资需要经由国家铁路运输的，其运输计划应当纳入国家铁路的运输计划。 Where goods and materials to be carried by local railways need to be carried by State railways, the transport plan therefore shall be incorporated in the transport plan of State railways.
- 对民用航空无线电专用频率造成有害干扰的，有关单位或者个人应当迅速排除干扰； Where harmful interference has been caused to civil aviation special radio frequencies, the unit or individual concerned shall rapidly remove such interference;
- 有证据证明一方当事人持有证据无正当理由拒不提供，如果对方当事人主张该证据的内容不利于证据持有人，可以推定该主张成立。 Where it is proved by evidence that certain evidence being in possession of one party, but without justified reason that party refuses to submit the said evidence, presumption can be made that the evidence is against the possessor if the opposite party so alleges.
- 保险人与被保险人未约定保险价值的，保险价值依照下列规定计算： Where no insurable value has been agreed upon between the insurer and the insured, the insurable value shall be calculated as follows:
- 当事人没有在合同中订立仲裁条款，事后又没有达成书面仲裁协议的，可以向人民法院起诉。 Where no provision on arbitration is made in the contract and no written agreement on arbitration has been reached afterwards, either of the parties may bring a suit in a people's court.
- 公告期间届满不登记的，视为放弃债权。 Where no registration is conducted by the expiration of the period of the public announcement, the creditors' right shall be deemed as having been waived.
- 公告期间届满不登记的，视为放弃在本次拍卖船舶价款中受偿的权利。 Where no registration is conducted by the expiration of the period of the public announcement, the right to the repayment of debt from the proceeds of the auction of the ship shall be deemed as having been waived.
- 对不符合海事请求保全条件的，裁定驳回其申请。 Where not conforming to the conditions for a maritime preservation, the application shall be rejected.
- 本法有规定的，依照其规定。 Where otherwise provided for by this Law, such provisions shall prevail.
- 被保险人收到保险人发出的有关采取止或者减少损失的合理措施的特别通知的，应当按照保险人通知的要求处理。 Where special instructions for the adoption of reasonable measures to avoid or minimize the loss are received from the insurer, the insured shall act according to such instructions.
- 装运器具不属于承运人所有或者非由承运人提供的，装运器具本身应当视为一件或者一个单位。 Where the article of transport is not owned or furnished by the carrier, such article of transport shall be deemed to be one package or one shipping unit.
- 实际承运人履行运送的，承运人当对实际承运人的行为或者实际承运人的受雇人、代理人在受雇或者受委托的范围内的行为负责。 Where the carriage is performed by the actual carrier, the carrier shall be liable for the act or omission of the actual carrier or the act or omission of his servant or agent within the scope of his employment or agency.
- 合同订有承租人选择卸货港条款的，在承租人未按照合同约定及时通知确定的卸货港时，船长可以约定的选卸港中自行选定一港卸货。 Where the charter party contains a clause allowing the choice of the port of discharge by the charterer, the Master may choose one from among the agreed picked ports to discharge the goods, in case the charterer did not, as agreed in the charter, instruct in time as to the port chosen for discharging the goods.
- 承租人未按照合同约定及时通知确定的卸货港，致使出租人遭受损失的，应当负赔偿责任。 Where the charterer did not instruct in time as to the chosen port of discharge, as agreed in the charter, and the shipowner suffered losses thereby, the charterer shall be liable for compensation;
- 因出租人过失延误提供船舶致使承租人遭受损失的，出租人应当负赔偿责任。 Where the charterer has suffered losses as a result of the delay in providing the ship due to the fault of the shipowner, the shipowner shall be liable for compensation.
- 出租人未按照合同约定，擅自选定港口卸货致使承租人遭受损失的，应当负赔偿责任。 where the charterer has suffered losses as a result of the shipowner's arbitrary choice of a port to discharge the goods, in disregard of the provisions in the relevant charter, the shipowner shall be liable for compensation.
- 海事请求人不提供的，驳回其申请。 Where the claimant fails to provide guaranty, his application shall be rejected.
- 请求人申请扣船的，时效自申请扣船之日起中断。 Where the claimant makes a claim for the arrest of a ship, the limitation of time shall be discontinued from the day on which the claim is made.
- 申请人或者被申请人在各自收到仲裁通知之日起15天内未选定也未委托仲裁委员会主任指定仲裁员的，由仲裁委员会主任指定。 Where the Claimant or Respondent fails to appoint or fails to entrust the Chairman of the Arbitration Commission to appoint an arbitrator respectively within 15 days from the date of receipt of the Notice of Arbitration, the Chairman of the Arbitration Commission shall make such appointment.
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