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内河船舶及船载货物损失不适用共同海损法律制度。共同海损是海商法中一项特有的法律制度,共同海损虽然应当适用于海上或者沿海内河货物运输的法律关系,但发生共同海损纠纷的船舶仅限于海商法规定的船舶,船舶权属登记机关登记为内河船舶的不是海商法规定的船舶,故登记为内河船舶的船舶在不是沿海内河中航行时发生船舶及船载货物损失不适用共同海损法律制度。西江是内河,亦非沿海内河,故在西江及其支流上航行的船舶及其船载货物发生损失,不适用共同海损法律制度。保险合同在签订时保险人应当履行采取合理的方式提请对方注意免除或者限制其责任的条款,按照对方的要求,对该条款予以说明的义务并有证据予以证明。未尽此义务者,所约定的条款无效,不得加重被保险人、受益人的责任。保险理赔额不以保险金额为准,以双方当事人确认的实际损失额为准进行理赔。禁止任何人利用保险牟取额外利益。
Inland river vessels and loss of goods on board do not apply the general average of the legal system. General average is a peculiar legal system in maritime law. Although the general average should apply to the legal relationship of cargo transportation at sea or along the river, the general maritime dispute is limited to the registration of ships under the provisions of the Maritime Law and registration of the ownership registration authority Inland vessels are not ships under the provisions of the maritime law. Therefore, the general average maritime law is not applicable to ships registered as inland vessels when they are not navigating the coastal rivers. The Xijiang River is an inland river, nor is it a coastal river. Therefore, the loss of a ship sailing on the Xijiang River and its tributaries and its cargoes on ships does not apply to the general average maritime law system. At the time of signing the insurance contract, the insurer shall fulfill the obligation to draw the other party’s attention to the exemption or limitation of its liability in a reasonable manner and to prove the clause in accordance with the requirements of the other party with evidence. Those who do not do so, the terms agreed to invalid, shall not increase the insured, the beneficiary’s responsibility. The amount of insurance claims is not subject to the insured amount, subject to the actual amount of losses recognized by both parties as the basis for claims. Prohibit anyone from using insurance for additional benefits.