【法规名称】
【法规编号】 61520 什么是编号？
【正 文】
第5页 CAP 329 MARINE INSURANCE ORDINANCE
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[接上页] (2) Where a ship is expressly warranted "neutral" there is also an implied condition that, so far as the assured can control the matter, she shall be properly documented, that is to say, that she shall carry the necessary papers to establish her neutrality, and that she shall not falsify or suppress her papers, or use simulated papers. If any loss occurs through breach of this condition, the insurer may avoid the contract. [cf. 1906 c. 41 s. 36 U.K.] Cap 329 s 37 No implied warranty of nationality There is no implied warranty as to the nationality of a ship, or that her nationality shall not be changed during the risk. [cf. 1906 c. 41 s. 37 U.K.] Cap 329 s 38 Warranty of good safety Where the subject-matter insured is warranted "well" or "in good safety" on a particular day, it is sufficient if it be safe at any time during that day. [cf. 1906 c. 41 s. 38 U.K.] Cap 329 s 39 Warranty of seaworthiness of ship (1) In a voyage policy there is an implied warranty that at the commencement of the voyage the ship shall be seaworthy for the purpose of the particular adventure insured. (2) Where the policy attaches while the ship is in port, there is also an implied warranty that she shall, at the commencement of the risk, be reasonably fit to encounter the ordinary perils of the port. (3) Where the policy relates to a voyage which is performed in different stages, during which the ship requires different kinds of or further preparation or equipment, there is an implied warranty that at the commencement of each stage the ship is seaworthy in respect of such preparation or equipment for the purposes of that stage. (4) A ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. (5) In a time policy there is no implied warranty that the ship shall be seaworthy at any stage of the adventure, but where, with the privity of the assured the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness. [cf. 1906 c. 41 s. 39 U.K.] Cap 329 s 40 No implied warranty that goods are seaworthy (1) In a policy on goods or other movables there is no implied warranty that the goods or movables are seaworthy. (2) In a voyage policy on goods or other movables there is an implied warranty that at the commencement of the voyage the ship is not only seaworthy as a ship, but also that she is reasonably fit to carry the goods or other movables to the destination contemplated by the policy. [cf. 1906 c. 41 s. 40 U.K.] Cap 329 s 41 Warranty of legality There is an implied warranty that the adventure insured is a lawful one, and that, so far as the assured can control the matter, the adventure shall be carried out in a lawful manner. [cf. 1906 c. 41 s. 41 U.K.] Cap 329 s 42 Implied condition as to commencement of risk THE VOYAGE (1) Where the subject-matter is insured by a voyage policy "at and from" or "from" a particular place, it is not necessary that the ship should be at that place when the contract is concluded, but there is an implied condition that the adventure shall be commenced within a reasonable time, and that if the adventure be not so commenced the insurer may avoid the contract. (2) The implied condition may be negatived by showing that the delay was caused by circumstances known to the insurer before the contract was concluded, or by showing that he waived the condition. [cf. 1906 c. 41 s. 42 U.K.] Cap 329 s 43 Alteration of port of departure Where the place of departure is specified by the policy, and the ship instead of sailing from that place sails from any other place, the risk does not attach. [cf. 1906 c. 41 s. 43 U.K.] Cap 329 s 44 Sailing for different destination Where the destination is specified in the policy, and the ship, instead of sailing for that destination, sails for any other destination, the risk does not attach. [cf. 1906 c. 41 s. 44 U.K.] Cap 329 s 45 Change of voyage (1) Where, after the commencement of the risk, the destination of the ship is voluntarily changed from the destination contemplated by the policy, there is said to be a change of voyage. (2) Unless the policy otherwise provides, where there is a change of voyage, the insurer is discharged from liability as from the time of change, that is to say, as from the time when the determination to change it is manifested; and it is immaterial that the ship may not in fact have left the course of voyage contemplated by the policy when the loss occurs. [cf. 1906 c. 41 s. 45 U.K.] Cap 329 s 46 Deviation (1) Where a ship, without lawful excuse, deviates from the voyage contemplated by the policy, the insurer is discharged from liability as from the time of deviation, and it is immaterial that the ship may have regained her route before any loss occurs. (2) There is a deviation from the voyage contemplated by the policy- (a) where the course of the voyage is specifically designated by the policy, and that course is departed from; or |
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