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第一百六十一条 被拖方未按照约定支付拖航费和其他合理费用的，承拖方对被拖物有留置权。
Article 161 Where the tow party fails to pay the towage price or other reasonable expenses as agreed, the tugowner shall have a lien on the object towed.
第一百六十二条 在海上拖航过程中，承拖方或者被拖方遭受的损失，由一方的过失造成的，有过失的一方应当负赔偿责任；
Article 162 In the course of the sea towage, if the damage suffered by the tugowner or the tow party was caused by the fault of one of the parties, the party in fault shall be liable for compensation.
由双方过失造成的，各方按过失程度的比例负赔偿责任。
If the damage was caused by the faults of both parties, both parties shall be liable for compensation in proportion to the extent of their respective faults.
虽有前款规定，经承拖方证明，被拖方的损失是由于下列原因之一造成的，承拖方不负赔偿责任；
Notwithstanding the provisions of the preceding paragraph, the tugowner shall not be liable if he proves that the damage suffered by the tow party is due to one of the following causes:
（一）拖轮船长、船员、引航员或者承拖方的其他受雇人、代理人在驾驶拖轮或者管理拖轮中的过失；
(1) Fault of the Master or other crew members of the tug or the pilot or other servants or agents of the tugowner in the navigation and management of the tug:
（二）拖轮在海上救助或者企图救助人命或者财产时的过失。
(2) Fault of the tug in saving or attempting to save life or property at sea.
本条规定仅在海上拖航合同没有约定或者没有不同约定时适用。
The provisions of this Article shall only apply if and when there are no provisions or no different provisions in this regard in the sea towage contract.
第一百六十三条 在海上拖航过程中，由于承拖方或者被拖方的过失，造成第三人人身伤亡或者财产损失的，承拖方和被拖方对第三人负连带赔偿责任。
Article 163 If death of or personal injury to a third party or damage to property thereof has occurred during the sea towage due to the fault of the tugowner or the tow party, the tugowner and the tow party shall be liable jointly and severally to that third party.
合同另有约定外，一方连带支付的赔偿超过其应当承担的比例的，对另一方有追偿权。
Except as otherwise provided for in the towage contract, the party that has jointly and severally paid a compensation in an amount exceeding the proportion for which it is liable shall have the right of recourse against the other party.
第一百六十四条 拖轮所有人拖带其所有的或者经营的驳船载运货物，经海路由一港运至另一港的，视为海上货物运输。
Article 164 Where a tugowner towing a barge owned or operated by him to transport goods by sea from one port to another, it shall be deemed as an act of carriage of goods by sea.
第八章 船舶碰撞
Chapter VIII Collision of Ships
第一百六十五条 船舶碰撞，是指船舶在海上或者与海相通的可航水域发生接触造成损害的事故。
Article 165 Collision of ships means an accident arising from the touching of ships at sea or in other navigable waters adjacent thereto.
前款所称船舶，包括与本法第三条所指船舶碰撞的任何其他非用于军事的或者政府公务的船艇。
Ships referred to in the preceding paragraph shall include those nonmilitary or public service ships or craft that collide with the ships mentioned in Article 3 of this Code.
第一百六十六条 船舶发生碰撞，当事船舶的船长在不严重危及本船和船上人员安全的情况下，对于相碰的船舶和船上人员必须尽力施救。
Article 166 After a collision, the Master of each of the ships in collision is bound, so far as he can do so without serious danger to his ship and persons on board to render assistance to the other ship and persons on board.
碰撞船舶的船长应当尽可能将其船舶名称、船籍港、出发港和目的港通知对方。
The Master of each of the ships in collision is likewise bound so far as possible to make known to the other ship the name of his ship, its port of registry, port of departure and port of destination. (责任编辑：河北越洋国际货运代理有限公司) |
