【正文】
d that he is not entitled to receive any sum in excess of the indemnity allowed by this Act。 第30條 保險(xiǎn)單術(shù)語的解釋(Construction of terms in policy) 30.(1) A policy may be in the form in the First Schedule to this Act. (2) Subject to the provisions of this Act, and unless the context of the policy otherwise requites, the terms and expressions mentioned in the First Schedule to this Act shall be construed as having the scope and meaning in that Schedule assigned to them. 30,(1) 保險(xiǎn)單可按本法所附第一附件的式樣簽訂。 (3)除非保險(xiǎn)單另有規(guī)定,申報(bào)應(yīng)按裝運(yùn)的前后依次進(jìn)行。 (4) 除保險(xiǎn)單另有規(guī)定外,就確定是否構(gòu)成推定全損而言,保險(xiǎn)單約定的價值并非終結(jié)性的。 (4)在適用本條規(guī)定時,還應(yīng)考慮制約保險(xiǎn)標(biāo)的指定的任何習(xí)慣。 (2)(該款已廢除。 第24條 保險(xiǎn)人簽署(Signature of insurer) 24.(1) A marine policy must be signed by or on behalf of the insurer, provided that in the case of a corporation the corporate seal may be sufficient, but nothing in this section shall be construed as requiring the subscription of a corporation to be under seal. (2) Where a policy is subscribed by or on behalf of two or more insurers, each subscription, unless the contrary by expressed, constitutes a distinct contract with the assured. 24.(1)海上保險(xiǎn)單必須由保險(xiǎn)人或其代表簽署,假如是(保險(xiǎn))公司出具保險(xiǎn)單,則加蓋公司印章即可;但不能把本條規(guī)定解釋為要求公司簽署加蓋印章。 (2) The subjectmatter insured and the risk insured against。 (b) 及被保險(xiǎn)人有義務(wù)告知的每一重要情況,除非他得知該情況過遲,無法及時通知該代理人. 第20條 協(xié)商合同時的陳述(Representations pending negotiation of contract) 20.①Every material representation made by the assured or his agent to the insurer during the negotiations for the contract and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. ②A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. ③A representation may be either a representation as to a matter of fact, or as to a matter of expectation or belief. ④A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be considered material by a prudent insurer. ⑤A representation as to a matter of expectation or belief is true if it be made in good faith. ⑥A representation may be withdrawn or corrected before the contract is concluded. ⑦Whether a particular representation be material or not is, in each case, a question of fact. 20.①在協(xié)商合同期間及訂立合同前,被保險(xiǎn)人或其代理人向保險(xiǎn)人作出的每一重要陳述必須真實(shí),若其不真實(shí),保險(xiǎn)人可以撤消合同. ②影響謹(jǐn)慎的保險(xiǎn)人確定保險(xiǎn)費(fèi)的評價或決定是否承保該項(xiàng)風(fēng)險(xiǎn)的陳述,即為重要陳述. ③一項(xiàng)陳述既可以是有關(guān)事實(shí),也可以是關(guān)于期望或是關(guān)于信念的陳述. ④若一項(xiàng)關(guān)于事實(shí)的陳述實(shí)質(zhì)上是準(zhǔn)確的,它便是真實(shí)的,亦即,如果陳述內(nèi)容與實(shí)際情況有差異,謹(jǐn)慎的保險(xiǎn)人并不認(rèn)為是重要的. ⑤若被保險(xiǎn)人依誠信作出期望或信念的陳述,該陳述即是真實(shí)的. ⑥陳述在訂立合同前可以撤回或更正. ⑦在每一案件中,某一特定的陳述是否重要,屬事實(shí)問題. 第21條 何時合同視為成立(When contract is deemed to be concluded) 21.A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the insurer, whether the policy be then issued or not and, for the purpose of showing when the proposal was accepted, reference may be made to the slip or covering note or other customary memorandum of the contract. 21.保險(xiǎn)人接受被保險(xiǎn)人的投保單后,無論當(dāng)時是否已簽發(fā)保險(xiǎn)單,海上保險(xiǎn)合同應(yīng)視為已經(jīng)成立;為表明該投保單何時被接受,可以參考承保條或暫保單或其他合同習(xí)慣的備忘錄。 (4) 在每一案件中,未告知的任何特別情況是否重要,屬事實(shí)問題。被保險(xiǎn)人應(yīng)視為知道在通常業(yè)務(wù)過程中他應(yīng)當(dāng)知曉的每一情況。 第18條 被保險(xiǎn)人的告知(Disclosure by assured) 18.(1) Subject to the provisions of this section, the assured must disclose to the insurer, before the contract is concluded, every material circumstance which is known to the assured, and the assured is deemed to know every circumstance which, in the ordinary course of business, ought to be known by him. If the assured fails to make such disclosure, the insurer may avoid the contract. (2) Every circumstance is material, which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) In the absence of inquiry the following circumstances need not be disclosed, namely: (a) Any circumstance which diminishes the risks。 (2)在運(yùn)費(fèi)保險(xiǎn)中,無論運(yùn)費(fèi)是否預(yù)付,保險(xiǎn)價值是指被保險(xiǎn)人處于風(fēng)險(xiǎn)中的總運(yùn)費(fèi)加上保險(xiǎn)費(fèi)。 第15條 利益轉(zhuǎn)讓(Assignment of interest) 15.Where the assured assigns or otherwise parts with his interest in the subjectmatter 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. 15.被保險(xiǎn)人若轉(zhuǎn)讓或以其他方式放棄其保險(xiǎn)標(biāo)的利益,他并不因此將其保險(xiǎn)合同下的權(quán)利轉(zhuǎn)讓給受讓人,除非與受讓人訂有轉(zhuǎn)讓保險(xiǎn)權(quán)益的明示或默示協(xié)議。 第13條 保險(xiǎn)費(fèi)(Charges of insurance) 13. The assured has an insurable interest in the charges of any insurance which be may effect. 13.被保險(xiǎn)人對其應(yīng)支付的保險(xiǎn)費(fèi)具有保險(xiǎn)利益。 (2)除非保險(xiǎn)單另有規(guī)定,原被保險(xiǎn)人對此種再保險(xiǎn)沒有權(quán)利或利益。 第7條 可撤銷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, (1)可撤銷的利益是保險(xiǎn)利益,偶然的利益亦然。 第5條 保險(xiǎn)利益的定義(Insurable interest defined) 5.(1)Subject to the provisions of this Act, every person has an insurable interest who is interested in a marine adventure. (2) In 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. (1)根據(jù)本法各條規(guī)定,與海上冒險(xiǎn)有利益關(guān)系的每一個人具有保險(xiǎn)利益。” 保險(xiǎn)利益(Insurable Interest) 第4條 賭博合同無效(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。 (2) 特別是以下各項(xiàng)屬于海上冒險(xiǎn): (a)受海上危險(xiǎn)影響的任何船舶