-第一编 新保险条款简介

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海上保险(Marine Insurance

1条:海上保险的定义(Marine insurance defined

A contract of marine insurance is a contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure.




2条 海陆混合风险 (Mixed sea and land risks

2.(1) A contract of marine insurance may, by its express terms, or by a usage of trade, be extended so as to protect the assured against losses on inland water or on any land risk which may be incidental to any sea voyage.

(2) Where a ship in course of building, or the launch of a ship, or any adventure analogous to a marine adventure, is covered by a policy in the form of a marine policy, the provisions of this Act, in so far as applicable, shall apply theretobut, except by this section provided, nothing in this Act shall alter or affect any rule of law applicable to any contract of insurance other than a contract of marine insurance as by this Act defined.






3条 海上冒险与海上危险的定义(Marine adventure and maritime perils defined

  3.(1) Subject to the provisions of this Act, every lawful marine adventure may be the subject of a contract of marine insurance.

(2) In particular there is a marine adventure where-

(a) Any ship, goods or other movables are exposed to maritime perils. Such property is in the Act referred to as insurable property.

(b) The earning or acquisition of any freight, passage money, commission, profit or other pecuniary benefit, or the security for any advances, loans or disbursements, is endangered by the exposure of insurance property to maritime perils.

(c) Any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property, by reason of maritime perils.


3(1) 受本法规定的制约,每一合法的海上冒险得为海上保险合同的标的。

(2) 特别是以下各项属于海上冒险:





保险利益(Insurable Interest

4条 赌博合同无效(Avoidance of wagering or gaming contracts

  4.(1) Every contract of marine insurance by way of gaming or wagering is void.

  (2) A contract of marine insurance is deemed to be a gaming or wagering contract-

    (a) Where the assured has not an insurable interest as defined by this Act and the contract is entered into with no expectation of acquiring such an interest; or

(b) Where the policy is made interest or no interest or without further proof of interest than the policy itself, or without benefit of salvage to the insurer, or subject to any other like term.

Provided that, where there is no possibility of salvage, a policy may be effected without benefit of salvage to the insurer.




    (a) 被保险人对保险标的无本法规定的保险利益,而且在缔约后仍无获得此种保险利益的可能;

(b) 保险单是按“无论有无保险利益”, 或“除保险单本身外,再无具有保险利益的证明”,或“保险人无救助利益”等条件,或按其他类似条件订定的。



5条 保险利益的定义(Insurable interest defined

  5.1Subject to the provisions of this Act, every person has an insurable interest who is interested in a marine adventure.

  2In particular, a person is interested in a marine adventure where he stands in any legal or equitable relation to the adventure or to any insurable property at risk therein, in consequence of which he may benefit by the safety or due arrival of insurable  property, or may be prejudiced by its loss, or by damage thereto, or by the detention thereof, or may incur liability in respect thereof.





6条 何时应具有利益(When interest must attach

  6.1The assured must be interested in the subject-matter insured at the time of loss though he need not be interested when the insurance is effected.

  2Where the assured has no interest at the time of the loss, he cannot acquire interest by any act or election after he is aware of the loss.





7条 可撤销的利益或偶然的利益(Defeasible or contingent interest

  7.(1) A defeasible interest is insurable, as also is a contingent interest.

  (2) In particular, where the buyer of goods has insured them, he has an insurable interest, notwithstanding that he might, at his election,





8条 部分利益(Partial interest

  8. A partial interest of any nature is insurable.




9条 再保险(Re-insurance

  9(1) The insurer under a contract of marine insurance has an insurable interest in his risk, and may re-insure in respect of it.

  (2) Unless the policy otherwise provides, the original assured has no right or interest in respect of such re-insurance.





10条 (以船、货为抵押物的)抵押贷款(Bottomry

  10. The lender of money on bottomry or respeondentia has an insurable interest in respect of the loan.




11条 船长和船员的工资(Masters and seamens wages

  11. The master or any member of the crew of a ship has an insurable interest in respect of his wages.




12条 预付运费(Advance freight

  12. In the case of advance freight, the person advancing the freight has an insurable interest, in so for as much freight is not repayable in case of loss.




13条 保险费(Charges of insurance

  13. The assured has an insurable interest in the charges of any insurance which be may effect.




14条 利益数额(Quantum of interest

  14.(1) Where the subject-matter insured is mortgaged, the mortgagor has an insurable interest in the full value thereof, and the mortgagee has an insurable interest in respect of any sum due or to become due under the mortgage.

  (2) A mortgagee, consignee, or other person having an interest in the subject-matter insured may insure on behalf and for the benefit of other persons interested as well as for his own benefit.

  (3) The owner of insurable property has an insurable interest in respect of the full value thereof, notwithstanding that some third person may have agreed, or be liable, to indemnify him in case of loss.






15条 利益转让(Assignment of interest

  15Where the assured assigns or otherwise parts with his interest in the subject-matter insured, he does not thereby transfer to the assignee his rights under the contract of insurance, unless there be an express or implied agreement with the assignee to that effect.

  But the provisions of this section do not affect a transmission of interest by operation of law.






保险价值(Insurable Value


16条 保险价值的确定(Measure of insurable value

  16. Subject to any express provision or valuation in the policy, the insurable value of the subject-matter insured must be ascertained as follows:-

  (1) In insurance on ship, the insurable value is the value at the commencement of the risk, of the ship, including her outfit, provisions and stores for the officers and crew, money advanced for seamens wages, and other disbursements (if any) incurred to make the ship fit for the voyage or adventure contemplated by the policy, plus the charges of insurance upon the whole:

  The insurable value, in the case of a steamship, includes also the machinery, boilers, and coals and engine stores if owned by the assured, and, in the case of a ship engaged in a special trade, the ordinary fittings requisite for that trade:

  (2) In insurance on freight, whether paid in advance or otherwise, the insurable value is the gross amount of the freight at the risk of the assured, plus the charges of insurance:

  (3) In insurance on goods or merchandise, the insurable value is the prime cost of the property insured, plus the expenses of and incidental to shipping and the charges of insurance upon the whole:

  (4) In insurance on any other subject-matter, the insurable value is the amount at the risk of the assured when the policy attaches, plus the charges of insurance.


  16.除保险单的明文规定或定值外, 保险标的的保险价值,必须按下列规定确定: