第2條 本法稱船長者,謂受船舶所有人僱用主管船舶一切事務之人員;稱海員者,謂受船舶所有人僱用由船長指揮服務於船舶上所有人員。
Article 2 The term "shipmaster" referred to in this Code shall denote a person employed by the Shipowner to take charge of all matters of the ship, whereas "Seafarer" means all persons employed by the Shipowner to provide services on a ship under direction of the shipmaster of the ship.
第3條 下列船舶除因碰撞外,不適用本法之規定:
Article 3 The ships listed as below are not applicable to this Code, save for those involved in a matter of collision:
一船舶法所稱之小船。
1.
Small ships, as termed under the Law of Ships.
四第一條規定以外之其他船舶。
4.
Any other Ships not falling the stipulation of Article 1 of this Code.
第4條 船舶保全程序之強制執行,於船舶發航準備完成時起,以迄航行至次一停泊港時止,不得為之。
Article 4 No exercise of precautionary proceedings can be levied on a ship during the period from the time the ship has completed preparations for commcencing a voyage until arriving of her next calling.
但為使航行可能所生之債務,或因船舶碰撞所生之損害,不在此限。
Provided that, this shall not apply in respect of such obligations as may have been incurred for the purpose of making preparations for commencing the voyage or arising out of a collision of ships .
國境內航行船舶之保全程序,得以揭示方法為之。
Precautionary proceedings against a ship navigating within the territorial boundaries of the country may be made by way of a court order affixed board.
第5條 海商事件,依本法之規定者,本法無規定者,適用其他法律之規定。
Article 5 The maritime matters shall be subject to regulations of this Code; anything not regulated in this Code shall be subject to the provisions laid out in the other Laws.
第二章船舶
CHAPTER II:THE SHIP
第一節船舶所有權
SECTION I: Ownership of the Ship
第6條 船舶除本法有特別規定外,適用民法關於動產之規定。
Article 6 The ships, unless otherwise specially provided in this Code, shall apply to the provisions laid out in the Civil Code relating to movable property.
第7條 除給養品外,凡於航行上或營業上必需之一切設備及屬具,皆視為船舶之一部。
Article 7 Save for the ship′ supplies, all equipment and any other appurtenances necessary for navigation or operation are deemed to be part of the ship.
第8條 船舶所有權或應有部分之讓與,非作成書面並依下列之規定,不生效力:
Article 8 No transfer of the ownership or a share of the ownership of the ship shall be valid unless done in writing and in conformity with the following conditions:
一在中華民國,應申請讓與地或船舶所在地航政主管機關蓋印證明。
1. here the transfer makes in the Republic of China, Taiwan, shall apply to the local shipping administrative authority of the said transfer or the ship is situated for their certification and seal.
二在外國,應申請中華民國駐外使領館、代表處或其他外交部授權機構蓋印證明。
2.
Where the transfer makes in a country other than the Republic of China, Taiwan, shall apply to the consular or representative office of the Republic of China, Taiwan, or any other institute empowered by the Ministry of Foreign Affairs located in that country for their certification and seal.
第9條 船舶所有權之移轉,非經登記,不得對抗第三人。
Article 9 No transfer of the ownership of a ship can be set up against a third person, unless such transfer has been registered.
第10條 船舶建造中,承攬人破產而破產管理人不為完成建造者,船舶定造人,得將船舶及業經交付或預定之材料,照估價扣除已付定金給償收取之,並得自行出資在原處完成建造。
Article 10 In case the shipbuilding undertaker is declared bankrupt during the construction of the ship and the liquidator does not undertake to complete the construction of the ship, the proprietor of the ship may retake possession of the ship and all other materials delivered to or ordered for the construction by paying for the assessed value of the ship deducting all monies already paid by him, and may undertake to complete the construction of the ship, provided that he shall pay the costs for the use of the dockyard.
但使用船廠應給與報償。
Article 10 In case the shipbuilding undertaker is declared bankrupt during the construction of the ship and the liquidator does not undertake to complete the construction of the ship, the proprietor of the ship may retake possession of the ship and all other materials delivered to or ordered for the construction by paying for the assessed value of the ship deducting all monies already paid by him, and may undertake to complete the construction of the ship, provided that he shall pay the costs for the use of the dockyard.
第11條 共有船舶之處分及其他與共有人共同利益有關之事項,應以共有人過半數並其應有部分之價值合計過半數之同意為之。
Article 11 The disposal of a co-owned ship and any other matters relating to the common interests of the co-owners can only be carried out with the consent of over half of the co-owners and the majority of votes based on the value of the interest of each co-owner.
第12條 船舶共有人有出賣其應有部分時,其他共有人,得以同一價格儘先承買。
Article 12 Where there is a co-owner intends to sell his shares, other co-owners may purchase such shares at the same price.
因船舶共有權一部分之出賣,致該船舶喪失中華民國國籍時,應得共有人全體之同意。
Where a ship would lose her R.O.C.
Taiwan nationality by reason of the transfer of any shares of a co-owner, shall be made with the consent of all the co-owners.
第13條 船舶共有人,以其應有部分供抵押時,應得其他共有人過半數之同意。
Article 13 Where there is a creation of mortgage over the shares of a co-owner of ship, can only be carried out with the consent of over half of the co-owners.
第14條 船舶共有人,對於利用船舶所生之債務,就其應有部分,負比例分擔之責。
Article 14 The co-owners of ship are bound to perform any obligations which have arisen in connection with the use of the ship in proportion to the value of their interest
共有人對於發生債務之管理行為,曾經拒絕同意者,關於此項債務,得委棄其應有部分於他共有人而免其責任。
The co-owner, who has ever refused to consent on the decision in managing the ship which gives rise to the obligation, may abandon his shares to the other co-owners and be exempted from the said obligation.