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在我国《海商法》中,航次租船合同项下船舶适航是出租人仅有的两项强制性义务之一,而在定期租船合同项下,船舶不适航是停租事项之一,且并不是强制性规定,可由当事人另行约定,可见船舶适航在航次租船和定期租船中的作用不尽相同。而在英国法下的海上保险领域,船舶适航在定期保单和航次保单中的作用也存在不小的差别,在前者项下不适航是除外责任,而在后者项下适航是默示保证。但是在我国法律框架下,两者的差别却很小。下
In China’s “Maritime Law”, airworthiness of a ship under a voyage charter party is one of only two mandatory obligations of the lessor. However, under the time charter party, the non-seaworthiness of the ship is one of the rent-out matters , And is not mandatory, may be agreed by the parties separately, we can see the seaworthiness of ships in the voyage charter and regular charter role is not the same. In the field of maritime insurance under UK law, there is also not a small difference between the role of maritime airworthiness in periodical policies and voyage insurance policies. In the former case, airworthiness is the exception, and in the latter case, airworthiness is silent Show guarantee. However, under the legal framework of our country, the difference between the two is small. under