(2) 发生实际全损的,无须发送委付通知。
  第58条 船舶失踪(Missing ship)
  58.Missing ship-Where the ship concerned in the adventure is missing, and after the lapse of a reasonable time no news of her has been received, an actual total loss may be presumed.
  第59条 转运的效果(Effect of transshipment, etc.)
   59 .Where, by a peril insured against, the voyage is interrupted at an intermediate port or place, under such circumstances as, apart from any special stipulation in the contract of affreightment, to justify the master in landing and re-shipping the goods or other movables, or in transshipping them, and sending them on to their destination, the liability of the insurer continues notwithstanding the landing or transshipment.
  第60条 推定全损的定义(Constructive total loss defined)
  60.(1)Subject to any express provision in the policy, there is a constructive total loss where the subject-matter insured is reasonably abandoned on account of its actual total loss appearing to be unavoidable, or because it could not be preserved from actual total loss without an expenditure which would exceed its value when the expenditure had been incurred.
 (2)In particular, there is a constructive total loss-
  (i) Where the assured is deprived of the possession of his ship or goods by a peril insured against, and (a) it is unlikely that he can recover the ship or goods, as the case may be, or (b) the cost of recovering the ship or goods, as the case may be, would exceed their value when recovered; or
  (ii) In the case of damage to a ship, where she is so damaged by a peril insured against, that the cost of repairing the damage would exceed the value of the ship when repaired.
  In estimating the cost of repairs, no deduction is to be made in respect of general average contributions to those repairs payable by other interests, but account is to be taken of the expense of future salvage operations and of any future general average contributions to which the ship would be liable if repaired; or
   (iii) In the case of damage to goods, where the cost of repairing the damage and forwarding the goods to their destination would exceed their value on arrival.
  60.(1) 除保险单另有明文规定外,保险标的因其全部损失看起来不可避免,或者为避免实际全损所需的费用将超过其本身价值的原因而被合理放弃的,即构成推定全损。
  (2) 尤其在下列情况下,构成推定全损:
 (i) 因承保危险使被保险人丧失对其船、货的占有,并且(a) 按照情况,被保险人不大可能收回船舶和货物,或者(b) 依据情况,收回船、货的费用将超过其收回后的价值;或
   (ii) 船舶受损的,因承保危险使船舶所受损坏严重到修理船损的费用将超过修理后船舶的价值的情况。
   (iii) 货物受损的,修理受损货物以及将货物续运到目的地的费用,将超过货物到达目的地时的价值的情况。
  第61条 推定全损的效果(Effect of constructive total loss)
  61. Where there is a constructive total loss the assured may either treat the loss as a partial loss, or abandon the subject-matter insured to the insurer and treat the loss as if it were an actual total loss
  第62条 委付通知(Notice of abandonment)
  “62(1) Subject to the provisions of this section, where the assured elects to abandon the subject-matter insured to the insurer, he must give notice of abandonment. If he fails to do so the loss can only be treated as a partial loss”
  (2) Notice of abandonment may be given in writing, or by word of mouth, or partly by word of mouth, and may be given in any terms, which indicate the intention of the assured to abandon his insured interest in the subject-matter insured unconditionally to the insurer.
  (3) Notice of abandonment must be given with reasonable diligence after the receipt of reliable information of the loss, but where the information is of a doubtful character the assured is entitled to a reasonable time to make inquiry.
  (4) Where notice of abandonment is properly given, the rights of the assured are not prejudiced by the fact that the insurer refuses to accept the abandonment.
  (5) The acceptance of abandonment may be either express or implied from the conduct of the insurer, The mere silence of the insurer after notice is not an acceptance.
  (6) Where notice of abandonment is accepted the abandonment is irrevocable. The acceptance of the notice conclusively admits liability for the loss and the sufficiency of the notice.
  (7) Notice of abandonment is unnecessary where, at the time when the assured received information of the loss, there would be no possibility of benefit to the insurer if notice were given to him.
  (8) Notice of abandonment may be waived by the insurer.
  (9) Where an insurer has re-insured his risk, no notice of abandonment need be given by him.”
  62(1) 除本条另有规定外,被保险人选择将保险标的委付给保险人的,必须发送委付通知。被保险人未发送委付通知的,损失只能视为部分损失。
  (2) 委付通知可以以书面形式或口头形式或者部分书面、部分口头形式发出,被保险人可以以任何措词,表明其愿意将保险标的的保险利益无条件地委付给保险人。
  (3) 委付通知必须在得到损失的可靠消息后,合理而谨慎地发送,但是消息存在可疑之处的,被保险人有权在合理时间内对此进行查询。
  (4) 适当发出委付通知后,保险人拒绝接受委付的事实,不影响被保险人的权利。
  (5) 保险人对于委付的接受可以明示,也可以以行动默示。保险人在收到委付通知后仅保持沉默,不构成对委付的接受。
  (6) 委付通知书一经接受,委付便不能撤回。保险人接受委付通知,即表明最后承认对损失负责和通知有效。
  (7) 被保险人得到损失消息时,如果向保险人发出委付通知,保险人已无获益可能的,则无需发出委付通知。
  (8) 保险人可以放弃发出委付通知的权利。
  (9) 保险人将其风险再保险的,该保险人无需发出委付通知。”
  第63条 委付的效果(Effect of abandonment)
 63.(1) Where there is a valid abandonment the insurer is entitled to take over the interest of the assured in whatever may remain of the subject-matter insured, and all proprietary rights incidental thereto.
 (2) Upon the abandonment of a ship, the insurer thereof is entitled to any freight in course of being earned, and which is earned by her subsequent to the casualty causing the loss, less the expenses of earning it incurred after the casualty; and, where the ship is carrying the owner’s goods, the insurer is entitled to a reasonable remuneration for the carriage of them subsequent to the casualty causing the loss.”
  63. (1) 如果委付有效,保险人有权接管被保险人对保险标的的一切剩余利益,以及与其有关的所有财产利益。
  (2) 从委付船舶时起,船舶保险人有权得到正在赚取和在引起损失的事故发生后船舶收取的任何运费,减去在引起损失发生的事故后为获得该运费所支付的费用;如果船舶装载的是船舶所有人的货物,保险人有权收取在引起损失发生的事故后运输货物的合理报酬。”
  部分损失(Partial Losses)
  第64条 单独海损(Particular average loss)
 64.(1) A particular average loss is a partial loss of the subject-matter insured, caused by a peril insured against, and which is not a general average loss.
 (2) Expenses incurred by or on behalf of the assured for the safety or preservation of the subject-matter insured, other than general average and salvage charges, are called particular charges,
  Particular charges are not included in particular average.
  第65条 救助费用(Salvage charges)
 65.(1) Subject to any express provision in the policy, salvage charges incurred in preventing a loss by perils insured against may be recovered as a loss by those perils.
 (2) ‘salvage charges’ means the charges recoverable under maritime law by a salvor independently of contract. They do not include the expenses of services in the nature of salvage rendered by the assured or his agents, or any person employed for hire by them, for the purpose of averting a peril insured against. Such expenses, where properly incurred, may be recovered as particular charges or as a general average loss, according to the circumstances under which they were incurred.
  第66条 共同海损(General average loss)
 66(1) A general average loss is a loss caused by or directly consequential on a general average act. It includes a general average expenditure as well as a general average sacrifice.
 (2) There is a general average act where any extraordinary sacrifice or expenditure is voluntarily and reasonably made or incurred in time of peril for the purpose of preserving the property imperiled in the common adventure.
   (3)“When there is a general average loss, the party on whom it falls is entitled, subject to the conditions imposed by maritime law, to a ratable contribution from the other parties interested, and such contribution is called a general average contribution.

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