| 1. | I n generai idea , seaworthy and care for goods and no deviation are carrier ' s basic obligations
一般认为使船舶适航、管理货物和不绕航是承运人在国际海上货物运输合同中承担的基本义务。 |
| 2. | Chapter ii presents the effect of ism code on the seaworthiness of ships and exemption , as well as being manned with qualified seafarers
第二章就ism规则对船舶适航，对合格船员配备与免责的影响作了一一阐述。 |
| 3. | The implementation of ism code will undoubtedly have an effect on some areas of the current maritime law , especially for seaworthy norms of ships
其实施将严重影响现行海事法，特别是船舶适航规范方面，如新的适航概念引入必将对承运人的适航义务的认定产生重大影响。 |
| 4. | For example , when responsibility begins " at " loading , the relations between stowage and seaworthy , the content of each obligation of carry , keep and care for , the exact meaning of delivery , and so on
例如装载开始的时间，积载与船舶适航的关系，运输、保管、照料义务各自包含的内容，交付的确切含义等等。 |
| 5. | 2 the underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject - matter insured to destination , unless the assured or their servants are privy to such unseaworthiness or unfitness
保险人放弃运载保险标的至目的港的船舶不得违反船舶适航和适运的任何默示保证，除非被保险人或其雇员对此种不适航或不适运有私谋。 |
| 6. | 2 the underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject - matter insured to destination , unless the assured or their servants are privy to such unseaworthiness or unfitness
保险人放弃运载保险标的至目的港的船舶不得违反船舶适航和适运的任何默示保证，除非被保险人或其雇员对此种不适航或不适运有私谋。 |
| 7. | There is strong possibility that the court will find that a shipowner who has failed to operate his ship in accordance with the ism code , has failed to make his ship seaworthy , or has failed to exercise due diligence to make his ship seaworthy
在ism规则下，承运人谨慎处理的义务要被重新认定，对于未按照ism规则标准经营船舶的船东，法院极有可能判定他未尽适航之责或未谨慎处理使船舶适航。 |
| 8. | After that the authqr argues that the carrier ' 5 fault is embodied by omission in taking necessary measures required to discharge the carrier ' s obiigation , and the measures include to exercise due di l igence to make the ship seaworthy . the author also discuss how to prove fauit of the carrier by anaiyze the reiationship between fauit and exemption ciause and the basis for the carrier ' s responsibil ity for the ioss caused by his servant , agent and independent contractor
接着，根据承运人的完好及时交付货物的义务，提出承运人的过错表现为没有为完好交付货物采取善良管理人应当采取的措施，具体表现为没有采取适当措施使船舶适航等，并通过分析过错和免责事由之间关系，讨论了过错的证明问题。 |
| 9. | From the common view that shipper can discharge his burden of proof by proving goods received in good condition and deiivered damaged , this author argues that the obi igation of the carrier is to deliver goods in condition received and in time by anaiyzi ng the reiationship between " goods received i n good condition and dei ivered damaged ) " and the " basic obiigations " ot the carrier
本章以货方通过证明货物“交好返坏”即完成举证责任为根本出发点，通过分析“交好返坏”这一事实和船舶适航、管理货物等“基本义务”之间的关系，提出完好地、及时地将货物运抵目的地，交付给收货人是承运人在合同中承担主要义务。 |
