1                                                               F           F                               F             ...
2       Rotterdam Rules :                                    F                   F       F(International Convention for th...
1             3                             F F                                        F                                  ...
4    Rotterdam Rules :                      F             F     F                                23                . . 200...
21.                                                                                               F                       ...
6           Rotterdam Rules :                                                                                             ...
2                                                               7                                                         ...
8           Rotterdam Rules :                                        F                           F                    F   ...
2                               9                          FF                              F . . 1924 F              F    ...
10     Rotterdam Rules :                          F                   F           F                                       ...
Upcoming SlideShare
Loading in …5
×

9789740330462

415 views

Published on

ROTTERDAM RULES กฎหมายที่เกี่ยวข้องกับการขนส่งสินค้าทางทะเล

Published in: Education
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
415
On SlideShare
0
From Embeds
0
Number of Embeds
4
Actions
Shares
0
Downloads
7
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

9789740330462

  1. 1. 1 F F F F F F F F F F F ˆ F F 90 F ˈ F F F ˆ F F ˁ FF ˈ F F F F F F ˈ F F F F ˁ F ˆ F FF F F F F F F F MarineInsurance Act 1906 , Hague Rules ( F ), Hague Visby FRules ( ), Hamburg Rules ( ) F F F ˁ F F F F F Hague Rules, Hague VisbyRules Hamburg Rules 3 ˈ F F F F ˈ F F F Hague Rules F F ˆ F F F F F (Hague) . . 1921 F F F F ˈ F
  2. 2. 2 Rotterdam Rules : F F F(International Convention for the Unification of Certain Rules of Law Relating to Bill ofLading) F Hague Rules F29 . . 1924 F F F F F ˈ ˈ F F ˈ F F . . 1968 F F Hague Rules F Hague Visby Rules F F 2 F F F F F F F2 FF F F . . 1978 F F F F F F F F F F F F F (United Nations Convention on the Carriage of Goods by Sea) F Hamburg Rules F F (Hamburg) F F F F F F 3 F F F F F ˆ ˆ F F F F F F FF ˈ F F F FF 3 F F F F F F F F FF (United Nations Convention on Contractsfor the International Carriage of Goods Wholly or Partly by Sea) F FF F F F F F F Rotterdam Rules Rotterdam Rules ˈ F F F F F F F F F F
  3. 3. 1 3 F F F F F Door to Door1 F F F 3 ˈ FRotterdam Rules 3 F F ˆ F ˈ F ˈ F 1 F F F F F F F F F F F F F (Container Ship) ˆ ˈ F F F ˈ F F Door to Door ˈ F F F F F F ˈ F F F F F Door to Door ˈ F F F F F F F F 2 F Multimodal Transport F F F F ˆ 3 F Turnaround Time F F F F F F ˈ F F F F F 3 F F F F F F F F F (United NationsConvention on Contracts for the International Carriage of Goods Wholly or Partly by Sea) Rotterdam Rules F ˈ 3 F FF F F F F F Multimodal Transport Rotterdam Rules F F 1 Door to Door F F F F F 2 Multimodal Transport ˈ F F F F F F F F F F FF 3 Turnaround Time F F F F F F F
  4. 4. 4 Rotterdam Rules : F F F 23 . . 2009 F (Rotterdam) F F 16 F F F (Congo), F (Denmark), (France), (Gabon), (Ghana), (Greece), (Guinea), F F(Netherland), (Nigeria), F F (Norway), F (Poland), (Senegal), (Spain), F F (Switzerland), (Togo), (United Statesof America) F ˈ F 1. F 2. 4 3. F F F 4 ...Convinced that the adoption of uniform rules to modernize and harmonize the rules that govern theinternational carriage of goods involving a sea leg would enhance legal certainty, improve efficiency and commercialpredictability in the international carriage of goods and reduce legal obstacles to the low of international tradeamong all States,...
  5. 5. 21. F F F F F F F ˈ F F F F F F F F F F F ˆ F F F F F F F F F F ˈ F ˈ F ˆ F F F F FF ˈ FFF F F F ˆ F F F ˈ F F F F F F F F
  6. 6. 6 Rotterdam Rules : F F F F F F F F F F ʾ 450 F F ˈ ˈ F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F ˈ F F (Jus Gentium) F F F F ˈ F F F F F F F F F (Justinian) F F F F ˈ F F F (Corpus Juris) F F F F F F 1 F F ˈ F F (France-or-Poincare) (Gallian) F F F ˈ F F F F ˈ F F F F Fˆ F F (Napoleon) F F F F F F . . 1804 F F F F F F F F F F ˈ F F F F F F F F F F F F F F F 2 F F F F 1 , F F ( : ,F 2538), F 71. 2 , F 73.
  7. 7. 2 7 5 F F F F ˈ F ˈ F F ˈ F F F ˈ FF F F F F F ˈ F F F F F F F F F F F ʾF ˁ F F F F F F ˈ F F F 1 2 F F F F F F ʾ F F F F F ˁ ˈ F F F F F F F F ˁ F F F ˁ F F F F 3 F F F ˆ FF F F F F F F F F F F F F F F F F F F F F F F F F F F F F F 3 , F 74.
  8. 8. 8 Rotterdam Rules : F F F F F F F F F ˈ F F F F F F F ˈ F F 2 ˁ F F F F ˆ FF F F F F F F F F F FF F F F F ˈ F F F F F F F F F F ˈ F F FF F F F F F ˁ ˈ F F 1 F (International LawAssociation) F F (Hague) . . 1921 F F F F F F F ˈ F F F F ˆ F F F ˈ F . . 1922 F F F F F F Hague ˈ F F F 25 . . 1924 F ʽ F F 19244 InternationalConvention for the Unification of Certain Rules of Law relating to Bills of Lading, Brussels,25th August 1924 (Hague Rules) F F ˈ F F F F F F F F F ˈ F F (Protocol) F . . 1968 (Protocol to amend the international convention for the unificationof certain rules of law relating to bills of lading (Hague-Visby Rules) F F 23 . . 19775 4 , ( : F F , 2541), F 32. 5 The Contracting Parties Considering that it is desirable to amend the International Convention for the unification of certain rulesof law relating to Bills of Lading, signed at Brussels on 25th August 1924
  9. 9. 2 9 FF F . . 1924 F F F 2 F F F F F F F F F F F F F F F F Hamburg . . 1978 F1 . . 1992 Hamburg F F 6 F F F F 6 Article 5 Basis of liability 1. The carrier is liable for loss resulting from loss of or damage to the goods, as well as from delay indelivery, if the occurrence which caused the loss, damage or delay took place while the goods were in his chargeas defined in article 4, unless the carrier proves that he, his servants or agents took all measures that couldreasonably be required to avoid the occurrence and its consequences. 2. Delay in delivery occurs when the goods have not been delivered at the port of discharge provided forin the contract of carriage by sea within the time expressly agreed upon or, in the absence of such agreement,within the time which it would be reasonable to require of a diligent carrier, having regard to the circumstances ofthe case. 3. The person entitled to make a claim for the loss of goods may treat the goods as lost if they have notbeen delivered as required by article 4 within 60 consecutive days following the expiry of the time for deliveryaccording to paragraph 2 of this article. 4. (a) The carrier is liable (i) for loss of or damage to the goods or delay in delivery caused by fire, if the claimant proves thatthe fire arose from fault or neglect on the part of the carrier, his servants or agents; (ii) for such loss, damage or delay in delivery which is proved by the claimant to have resulted fromthe fault or neglect of the carrier, his servants or agents in taking all measures that could reasonably be requiredto put out the fire and avoid or mitigate its consequences. (b) In case of fire on board the ship affecting the goods, if the claimant or the carrier so desires,a survey in accordance with shipping practices must be held into the cause and circumstances of the fire, and acopy of the surveyors report shall be made available on demand to the carrier and the claimant. 5. With respect to live animals, the carrier is not liable for loss, damage or delay in delivery resultingfrom any special risks inherent in that kind of carriage. If the carrier proves that he has complied with any specialinstructions given to him by the shipper respecting the animals and that, in the circumstances of the case, the loss,damage or delay in delivery could be attributed to such risks, it is presumed that the loss, damage or delay indelivery was so caused, unless there is proof that all or a part of the loss, damage or delay in delivery resultedfrom fault or neglect on the part of the carrier, his servants or agents.
  10. 10. 10 Rotterdam Rules : F F F 7 F ˈ FF F F F . . 2534 F F F F FF ˈ Hamburg F F F F F F FF F Hague Rules ˈ F F F Hamburg 8 F F F F F F 6. The carrier is not liable, except in general average, where loss, damage or delay in delivery resultedfrom measures to save life or from reasonable measures to save property at sea. 7. Where fault or neglect on the part of the carrier, his servants or agents combines with another causeto produce loss, damage or delay in delivery, the carrier is liable only to the extent that the loss, damage or delayin delivery is attributable to such fault or neglect, provided that the carrier proves the amount of the loss, damageor delay in delivery not attributable thereto. 7 Article 6 Limits of liability 1. (a) The liability of the carrier for loss resulting from loss of or damage to goods according to theprovisions of article 5 is limited to an amount equivalent to 835 units of account per package or other shippingunit or 2.5 units of account per kilogram of gross weight of the goods lost or damaged, whichever is the higher. (b) The liability of the carrier for delay in delivery according to the provisions of article 5 is limitedto an amount equivalent to two and a half times the freight payable for the goods delayed, but not exceeding thetotal freight payable under the contract of carriage of goods by sea. (c) In no case shall the aggregate liability of the carrier, under both subparagraphs (a) and (b) of thisparagraph, exceed the limitation which would be established under subparagraph (a) of this paragraph for totalloss of the goods with respect to which such liability was incurred. 2. For the purpose of calculating which amount is the higher in accordance with paragraph 1 (a) of thisarticle, the following rules apply: (a) Where a container, pallet or similar article of transport is used to consolidate goods, the packageor other shipping units enumerated in the bill of lading, if issued, or otherwise in any other document evidencingthe contract of carriage by sea, as packed in such article of transport are deemed packages or shipping units.Except as aforesaid the goods in such article of transport are deemed one shipping unit. (b) In cases where the article of transport itself has been lost or damaged, that article of transport, ifnot owned or otherwise supplied by the carrier, is considered one separate shipping unit. 3. Unit of account means the unit of account mentioned in article 26. 4. By agreement between the carrier and the shipper, limits of liability exceeding those provided for inparagraph 1 may be fixed. 8 , , F 52.

×