Maritime Law of the People's Republic of China (Revised in 2025)
Maritime Law of the People's Republic of China (Revised in 2025)
Maritime Law of the People's Republic of China (Revised in 2025)
Order of the President of the People's Republic of China No. 58
October 28, 2025
The Maritime Law of the People's Republic of China, which was revised and adopted at the 18th Meeting of the Standing Committee of the 14th National People's Congress of the People's Republic of China on October 28, 2025, is hereby promulgated and shall come into force as of May 1, 2026.
Xi Jinping, President of the People's Republic of China
Maritime Law of the People's Republic of China
(Adopted at the 28th Meeting of the Standing Committee of the Seventh National People's Congress on November 7, 1992 and revised at the 18th Meeting of the Standing Committee of the 14th National People's Congress on October 28, 2025)
Contents
Chapter I General Provisions
Chapter II Ships
Section 1 Ownership of Ships
Section 2 Mortgage of Ships
Section 3 Maritime Liens
Section 4 Possessory Liens
Chapter III Crew
Section 1 Basic Principles
Section 2 The Master
Chapter IV Contract of Carriage of Goods by Sea
Section 1 Basic Principles
Section 2 Carrier's Responsibilities
Section 3 Shipper's Responsibilities
Section 4 Transport Documents
Section 5 Electronic Transport Records
Section 6 Delivery of Goods
Section 7 Change and Rescission of the Contract
Section 8 Special Provisions Regarding Multimodal Transport Contracts
Chapter V Contract of Carriage of Passengers by Sea
Chapter VI Charter Parties
Section 1 Basic Principles
Section 2 Voyage Charter Party
Section 3 Time Charter Party
Section 4 Bareboat Charter Party
Chapter VII Contract of Sea Towage
Chapter VIII Collision Between Ships
Chapter IX Salvage at Sea
Chapter X General Average
Chapter XI Limitation of Liability for Maritime Claims
Chapter XII Liability for Ship-induced Oil Pollution Damage
Section 1 Basic Principles
Section 2 Liability for Cargo Oil Pollution Damage
Section 3 Liability for Bunker Oil Pollution Damage
Chapter XIII Contract of Marine Insurance
Section 1 Basic Principles
Section 2 Conclusion, Rescission, and Assignment of Contracts
Section 3 Obligations of the Insured
Section 4 Liability of the Insurer
Section 5 Loss of and Damage to the Subject Matter Insured and Abandonment
Section 6 Payment of an Indemnity
Chapter XIV Limitation of Time
Chapter XV Application of Law in Relation to Foreign-related Matters
Chapter XVI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to regulating the relations arising from maritime transport and those pertaining to ships, to protecting the legitimate rights and interests of the parties concerned, to strengthening marine ecological and environmental protection, and to promoting the high-quality development of maritime transport, economy, and trade.
Article 2 For the purposes of this Law, "maritime transport" means the carriage of goods and passengers by sea, including sea–river and river–sea direct transport.
Article 3 For the purposes of this Law, "ship" means sea-going ships and other mobile units, but does not include ships or craft to be used for military or public service purposes, nor small ships of less than 20 tons gross tonnage. The term "ship" shall also include a ship's apparel.
Article 4 Ships are allowed to sail under the national flag of the People's Republic of China after being registered, as required by the law, and granted the nationality of the People's Republic of China.
Where a ship sails without lawfully flying the national flag of the People's Republic of China or unlawfully flies the flag of another country, region, or organization, the relevant authority shall order correction and pursue legal liability in accordance with the law.
Article 5 Maritime transport and towage services between the ports of the People's Republic of China shall be undertaken by ships that have been granted the nationality of the People's Republic of China in accordance with the law, except as otherwise provided for by laws or administrative regulations.
No foreign ships may engage in maritime transport or towage services between ports of the People's Republic of China unless permitted by the competent authority of transport under the State Council in accordance with the law.
Article 6 The competent authority of transport under the State Council and the relevant local people's governments and their competent transport authorities shall conduct supervision and administration of maritime transport activities in accordance with the law.
Chapter II Ships
Section 1 Ownership of Ships
Article 7 The ownership of a ship means the shipowner's rights to lawfully possess, utilize, profit from, and dispose of the ship in its ownership.
Article 8 The creation, alteration, transfer, or extinction of the ownership of a ship shall be registered with the ship registration authority; no creation, alteration, transfer, or extinction of the ship's ownership shall act against a bona fide third party unless registered.
The ownership of a ship under a financing lease retained by the lessor of the ship financing lease contract shall not be asserted against a bona fide third party unless such ownership has been registered. The lessee shall pay the hire in accordance with the ship financing lease contract. If the lessee fails to pay the hire within a reasonable time limit after being demanded to do so, the lessor may request payment of the full hire; or may rescind the ship financing lease contract and reclaim the ship under a financing lease.
The transfer of the ownership of a ship shall be carried out by a contract in writing.
Article 9 Where a ship is jointly owned by two or more legal persons, unincorporated organizations, or natural persons, the joint ownership thereof shall be registered with the ship registration authority; the joint ownership of the ship shall not act against a bona fide third party unless registered.
Ship rights holders, interested parties, and the relevant state authorities may inquire about the registration status of ship ownership in accordance with the law.
Article 10 The ownership of a ship under construction shall be determined according to the agreement between the parties; in the absence of an agreement or if the agreement is unclear, it shall be vested in the ship builder.
Section 2 Mortgage of Ships
Article 11 The right of mortgage with respect to a ship is the right of preferred compensation enjoyed by the mortgagee of that ship provided by the mortgagor as security for a debt, in accordance with the law, where and when the debtor fails to pay the debt that has fallen due or any a circumstance for realizing the mortgage agreed upon by the parties occurs.
Article 12 The owner of a ship or those authorized thereby may create a mortgage of the ship.
The mortgage of a ship shall be created by way of a contract in writing.
Article 13 The creation, alteration, transfer, or extinction of the mortgage of a ship shall be registered with the ship registration authority; no creation, alteration, transfer, or extinction of the ship's mortgage shall act against a bona fide third party unless registered.
The registration of the mortgage of a ship shall be handled jointly by the mortgagee and the mortgagor with the ship registration authority.
The main items for the registration of the mortgage of a ship shall be:
(1) Name or designation and domicile of both the mortgagee and the mortgagor of the ship;
(2) Name and nationality of the mortgaged ship and the authority that issued the certificate of ownership and the certificate number thereof;
(3) Amount of debt secured and the period for the repayment of the debt; and
(4) The time of mortgage registration.
Information about the registration of the mortgage of ships shall be accessible to the public for enquiry.
Article 14 Mortgages may be created on a ship under construction.
When registering the mortgage of a ship under construction, the relevant documents shall be submitted to the ship registration authority in accordance with the relevant regulations.
Article 15 The mortgaged ship shall be insured by the mortgagor unless the contract provides otherwise. In a case where the ship is not insured, the mortgagee has the right to place the ship under insurance coverage, and the mortgagor shall pay the premium therefor.
Article 16 Unless otherwise agreed upon among the joint owners of a ship, the creation of a mortgage on the jointly owned ship shall be handled as follows:
(1) In the case of a ship owned in shares, the consent of the joint owners holding more than two-thirds of the shares shall be obtained; and
(2) In the case of a ship owned jointly, the consent of all joint owners shall be obtained.
The mortgage created by the joint owners of a ship shall not be affected by virtue of the division of ownership thereof.
Article 17 After the creation of the mortgage of a ship, the mortgagor may transfer the mortgaged ship. Where the parties concerned have agreed otherwise, their agreement shall prevail. The transfer of the mortgaged ship shall not affect the mortgage of the ship.
Article 18 In the case of the transfer of the debt secured by the mortgage of a ship, the mortgage shall be transferred together therewith, unless otherwise provided for by the law or agreed upon by the parties concerned.
Article 19 Where two or more mortgages are created on the same ship, the order of repayment shall be determined according to the following circumstances:
(1) Mortgages on a ship that have been registered shall be satisfied in the order of the time of registration;
(2) Registered mortgages of a ship shall be satisfied prior to unregistered ones; and
(3) Mortgages on a ship that have not been registered shall be satisfied in proportion to the secured debt.
Article 20 If a mortgaged ship is damaged, lost, or expropriated, the mortgagee shall be entitled to preferred compensation from the insurance proceeds, indemnities, compensation, or any other funds derived therefrom.
Section 3 Maritime Liens
Article 21 A maritime lien is the right of the claimant, subject to the provisions of this Law, to take priority in compensation payable by shipowners, bareboat charterers, ship managers, or ship operators with respect to the ship which gave rise to the said claim.
Article 22 The following maritime claims shall be entitled to maritime liens:
(1) Payment claims for wages, other remuneration, crew repatriation and social insurance costs made by the Master, crew members, and other members serving on board in respect of their employment on the ship;
(2) Claims in respect of loss of life or personal injury that occur during the operation of the ship;
(3) Payment claims for ship's tonnage dues, pilotage dues, and other port charges;
(4) Payment claims for salvage payment; and
(5) Compensation claims for loss of or damage to property resulting from tortious acts during the operation of the ship, excluding claims for loss of or damage to the goods, containers or passengers' luggage carried on board the ship.
Where, according to the international treaties concluded or acceded to by the People's Republic of China or the mandatory provisions of laws or administrative regulations, civil liability insurance coverage has been obtained or a corresponding financial guarantee has been provided, maritime claims specified in Items (2) and (5) of the preceding paragraph shall not be entitled to maritime liens, to the extent of the insurance coverage or financial guarantee.
Article 23 The maritime claims set out in Paragraph 1 of Article 22 hereof shall be satisfied in the order listed. However, any of the maritime claims set out in Item (4) arising later than those under Items (1) through (3) shall have priority over those under Items (1) through (3).
If there are more than two maritime claims under Item (1), (2), (3) or (5) of Paragraph 1 of Article 22, they shall be satisfied at the same time regardless of their respective occurrences; where they cannot be paid in full, they shall be paid in proportion. Should there be more than two maritime claims under Item (4), those arising later shall be satisfied first.
Article 24 The legal costs for enforcing the maritime liens, the expenses for the preservation, auction or sale of the ship, the expenses for the distribution of the proceeds of sale and other expenses incurred for the common interests of the claimants shall be deducted and paid first from the proceeds of the auction or sale of the ship.
Article 25 Maritime liens shall not be extinguished by virtue of the transfer of the ownership of a ship, except those that have not been enforced within 60 days of a public notice on the transfer of the ownership of the ship made by a court at the request of the transferee when the transfer was effected.
Article 26 Where a maritime claim that is entitled to a maritime lien as prescribed in Article 22 of this Law is transferred or subrogated, such maritime lien shall be transferred accordingly.
Article 27 A maritime lien shall be enforced by the court by arresting the ship that gave rise to the said maritime lien.
Article 28 A maritime lien shall be extinguished under one of the following circumstances, except as prescribed in Article 25 of this Law:
(1) It has not been enforced within one year of the date of its creation;
(2) The ship is auctioned or sold by the court in accordance with the law; and
(3) The ship has been lost.
The period of one year specified in Item (1) of the preceding paragraph shall not be suspended or interrupted.
The one-year period for a maritime lien attached to a maritime claim under Item (1), Paragraph 1 of Article 22 of this Law shall commence on the date on which the maritime claimant leaves the ship on which he served.
Article 29 The provisions of this Section shall not affect the implementation of the limitation of liability for maritime claims provided for in Chapter XI of this Law.
Section 4 Possessory Liens
Article 30 A possessory lien means the right of the ship builder or repairer to detain the ship in its lawful possession when the other party to the contract fails to pay for the construction or repair of the ship as agreed, and having priority in regard to compensation for that ship.
A possessory lien shall be extinguished when the ship builder or repairer no longer possesses the ship under construction or repair.
A possessory lien shall have priority over the mortgage of a ship, and a maritime lien shall have priority over a possessory lien.
Article 31 Unless otherwise agreed, where the ship builder or repairer detains a ship for more than sixty days and the debtor still fails to pay the debt, the ship builder or repairer may agree with the debtor to have the detained ship discounted to satisfy the claim, or may have priority in regard to compensation from the proceeds of the auction or sale of the detained ship.
Article 32 During the period of detention, if the ship is seized and auctioned or sold by the court, it does not affect the right of the holder of the possessory lien to be paid with priority.
Chapter III Crew
Section 1 Basic Principles
Article 33 The term "crew" means the entire complement of a ship, including the Master.
Article 34 Chinese crew members shall obtain the corresponding crew competency certificates and health certificates in accordance with the relevant laws and administrative regulations on crew management.
Foreign crew members working on Chinese-flagged ships shall be governed by the relevant laws and administrative regulations on crew management.
Article 35 Chinese crew engaged on international voyages must possess a Seaman's Book and other relevant certificates issued by the maritime safety administrations of the People's Republic of China.
Article 36 Employers of a crew shall enter into labor contracts with the crew in accordance with the relevant laws, administrative regulations, and international treaties on labor and social security for the crew to which the People's Republic of China is a party.
In the absence of specific provisions in this Law as regards the employment of a crew as well as their rights and obligations in respect of labor and social security, the provisions of the relevant laws and administrative regulations shall apply.
Section 2 The Master
Article 37 The Master shall be responsible for the management and command of a ship.
Orders given by the Master within the scope of his functions and powers shall be carried out by other members of the crew, the passengers, and all persons on board.
The Master shall take the necessary measures to protect the ship and all persons on board, the documents, postal matter, the goods as well as other property carried on board and to prevent the ship from causing pollution to the ecology and environment.
Article 38 To ensure the safety of a ship and all persons on board, the Master shall be entitled to confine or take other necessary measures against those persons on board who are suspected of committing a crime or violating laws or regulations, and to guard against their concealment, destruction, or forging of evidence.
The Master, having taken actions as referred to in the preceding paragraph of this Article, shall make a written report of the case, which shall bear the signature of the Master himself and those of two or more others on board, and shall be handed over, together with the persons suspected of illegal or criminal activities, to the authorities concerned for disposition.
Article 39 The Master shall make entries in the log book of any occurrence of birth or death on board and shall issue a certificate to that effect in the presence of two witnesses. The death certificate shall be attached with a list of personal belongings of the deceased, and attestation shall be given by the Master to the will, if any, of the deceased. Both the death certificate and the will shall be taken into safe keeping by the Master and handed over to the family members of the deceased or the organizations concerned.
Article 40 Where a sea casualty occurs to a ship and the life and property on board are thus threatened, the Master shall, with crew members and other persons on board under his command, make the best efforts to run to the rescue. Should the foundering and loss of the ship become inevitable, the Master has the right to decide to abandon ship.
Upon abandoning ship, the Master shall take all measures first to evacuate the passengers safely from the ship in an orderly manner, then make arrangements for crew members to evacuate, while the Master shall be the last to evacuate. Before leaving the ship, the Master shall direct the crew members to do their utmost to rescue the deck log book, the engine room log book, the oil record book, the radio log book, the charts, documents, and papers used on the current voyage, as well as valuables, postal matter, and cash money, and shall direct the crew members to close oil tank valves and other equipment to prevent or reduce pollution.
Article 41 The duty of the Master for managing and commanding the ship shall not be absolved even with the presence of a pilot piloting the ship.
Article 42 Should death occur to the Master or the Master be unable to perform his duties for whatever reason, the deck officer with the highest rank shall act as the Master; before the ship sails from its next port of call, the shipowner, the ship operator, or the ship manager shall appoint a new Master to take command.
Chapter IV Contract of Carriage of Goods by Sea
Section 1 Basic Principles
Article 43 A contract of carriage of goods by sea is a contract under which the carrier, for the payment of freight, undertakes to carry by sea the goods contracted for shipment by the shipper from one port to another, including contracts of international carriage of goods by sea and contracts of domestic carriage of goods by sea between ports of the People's Republic of China.
Article 44 For the purposes of this Chapter:
(1) "Carrier" means the person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper;
(2) "Actual carrier" means the person who accepts the commission or sub-commission from the carrier and actually performs all or part of the obligations of the carrier as prescribed in Article 49 of this Law;
(3) "Shipper" means:
1. The person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier;
2. The person by whom or in whose name or on whose behalf the goods have been delivered to the carrier involved in the contract of carriage of goods by sea;
(4) "Consignee" means the person who is entitled to take delivery of the goods;
(5) "Goods" includes live animals and containers, pallets, vehicles, or similar articles of transport supplied by the shipper for consolidating the goods;
(6) "Shipping document" means a bill of lading, a sea waybill, or any other document which serves as evidence of a contract of carriage of goods by sea and of the taking over or loading of the goods by the carrier;
(7) "Bill of lading" means a document which serves as evidence of a contract of carriage of goods by sea, of the taking over or loading of the goods by the carrier, and under which the carrier undertakes to deliver the goods.
Article 45 Any stipulation in a contract of carriage of goods by sea, or in a bill of lading or any other transport document evidencing such contract, which derogates from the provisions of this Chapter, as well as any stipulation which transfers to the carrier the benefit of insurance on the goods or is of a similar nature, shall be null and void. However, such nullity and voidness shall not affect the validity of other stipulations of the contract or the bill of lading or other transport documents.
Article 46 The provisions of Article 45 of this Law shall not prejudice the increasing of duties and obligations by the carrier besides those set out in this Chapter.
Section 2 Carrier's Responsibilities
Article 47 The responsibilities of the carrier with regard to the goods carried in containers covers the entire period during which the carrier is in charge of the goods, starting from the time when the carrier has taken over the goods at the port of loading, until the goods have been delivered at the port of discharge. The responsibilities of the carrier with respect to non-containerized goods covers the period during which the carrier is in charge of the goods, starting from the time of loading of the goods onto the ship until the time when the goods are discharged therefrom. During the period when the carrier is in charge of the goods, the carrier shall be liable for the loss of or damage to the goods, except as otherwise provided for in this Section.
The provisions of the preceding paragraph shall not prevent the carrier from entering into any agreement concerning the carrier's responsibilities with regard to non-containerized goods prior to loading onto and after discharging from the ship.
Article 48 The carrier shall, before and at the beginning of the voyage, exercise due diligence to make the ship seaworthy, to properly man, equip, and supply the ship, and to make the holds, all other parts of the ship in which goods are carried, and the containers, if supplied by the carrier, fit and safe for the reception, carriage, and preservation of the goods.
The carrier of the domestic carriage of goods by sea shall also fulfill the obligations mentioned in the preceding paragraph during the voyage.
Article 49 The carrier shall properly and carefully take over, load, handle, stow, carry, keep, care for, discharge, and deliver the goods carried.
Article 50 The carrier shall carry the goods to the port of discharge on the agreed or customary or geographically direct route.
Any deviation for the purpose of saving or attempting to save life or property at sea or in other navigable waters adjacent thereto, or any reasonable deviation shall not be deemed to be an act deviating from the provisions of the preceding paragraph.
Article 51 Delay in delivery occurs when the goods are not delivered at the designated port of discharge within the time limit expressly agreed upon. In the domestic carriage of goods by sea, where the goods are not delivered within a reasonable time limit, it also constitutes delay in delivery.
The carrier shall be liable for the loss of or damage to the goods, as well as for any other economic loss caused by a delay in delivery due to the fault of the carrier, except for loss, damage, or any other economic loss arising or resulting from causes for which the carrier is not liable as provided for in this Chapter.
The person entitled to make a claim for the loss of goods may treat the goods as lost when the carrier does not deliver the goods within 60 days from the expiry of the time limit for delivery specified in Paragraph 1 of this Article.
Article 52 The carrier shall not be liable for the loss of, damage to, or delay in delivery of the goods, occurring during the period of its responsibility arising from any of the following causes:
(1) Fault of the Master, crew members, pilot, or servant of the carrier in the navigation or management of the ship;
(2) Fire on board, unless caused by the actual fault of the carrier;
(3) Force majeure and perils, dangers, and accidents at sea or in other navigable waters adjacent thereto;
(4) War or armed conflict, piracy, or terrorist activities;
(5) Acts of the government or competent authorities, quarantine restrictions, or seizure under legal processes not attributable to the carrier, the actual carrier, or their servants or agents;
(6) Strikes, stoppages, or restraint of labor;
(7) Saving or attempting to save life or property at sea or in other navigable waters adjacent thereto;
(8) Acts of the shipper, owner, or consignee of the goods or their servants or agents;
(9) Nature or inherent vice of the goods;
(10) Improper packaging of the goods or insufficiency or illegibility of marks;
(11) Latent defect of the ship not discoverable through due diligence; and
(12) Any other cause arising without the fault of the carrier, the actual carrier, or their servants or agents.
Items (1) and (2) of the preceding paragraph shall not apply to the domestic carriage of goods by sea.
The carrier who is entitled to exoneration from the liability for compensation as provided for in Paragraph 1 of this Article shall, with the exception of the causes given in Item (2), bear the burden of proof.
Article 53 The carrier shall not be liable for the loss of, damage to, or delay in the delivery of live animals arising or resulting from the special risks inherent in the carriage thereof. However, the carrier shall be bound to prove that it has fulfilled the shipper's special requirements regarding the carriage of live animals and that, in the circumstances, the loss, damage, or delay was due to such inherent special risks.
Article 54 If the carrier intends to carry the goods on deck, it shall enter into an agreement with the shipper or comply with the custom of the trade or the relevant laws or administrative regulations.
When the goods have been carried on deck in accordance with the provisions of the preceding paragraph, the carrier shall not be liable for the loss of, damage to, or delay in delivery of the goods caused by the special risks involved in such carriage.
Where the carrier and the shipper agree to carry goods on deck, such agreement shall be stated in the bill of lading; failing which, it shall have no effect against a bona fide third party.
Article 55 Where loss or damage or delay in delivery occurs due to causes for which the carrier or its servant or agent is not entitled to exoneration from liability, together with another cause, the carrier shall be liable only to the extent that the loss, damage, or delay in delivery is attributable to the causes for which the carrier is not entitled to exoneration from liability; however, the carrier shall bear the burden of proof with respect to the loss, damage, or delay in delivery resulting from the other cause.
Article 56 The amount of the indemnity for the loss of goods shall be calculated on the basis of the actual value of the goods so lost, while that for the damage to goods shall be calculated on the basis of the difference between the value of the goods before and after the damage, or on the basis of the expenses for their repair.
The actual value of goods shall be calculated based on the market price at the time and place of delivery; if the market price at the time and place of delivery cannot be determined, it shall be shall be the value of the goods at the time of shipment plus the insurance premium and freight.
From the actual value referred to in the preceding paragraph, deduction shall be made, at the time of compensation, of the expenses that are reduced or avoided as a result of the loss or damage occurring.
Article 57 The carrier's liability for the loss of or damage to goods shall be limited to an amount equivalent to 666.67 Units of Account per package or other shipping unit, or 2 Units of Account per kilogram of the gross weight of the lost or damaged goods, whichever is the higher, except where the nature and value of the goods was declared by the shipper before shipment and inserted in the bill of lading, or where a higher amount than the amount of the limitation of liability set out in this Article was agreed upon between the carrier and the shipper.
Where a container, pallet, or similar article of transport is used to consolidate goods, the number of packages or other shipping units enumerated in the bill of lading as packed in such article of transport shall be deemed to be the number of packages or shipping units. If not so enumerated, the goods in such article of transport shall be deemed to be one package or one other shipping unit.
Where the article of transport is not owned or furnished by the carrier, such article of transport shall be deemed to be one package or one other shipping unit.
Article 58 The liability of the carrier for the economic losses resulting from a delay in delivery of goods shall be limited to an amount equivalent to the freight payable for the goods so delayed. Where the loss of or damage to goods occurs concurrently with the delay in delivery thereof, the limitation of liability of the carrier shall be that as provided for in Paragraph 1 of Article 57 of this Law.
Article 59 The defense and limitation of liability provided for in this Chapter shall apply to any claim brought against the carrier through any action, arbitration, or other means with regard to the loss of or damage to or delay in delivery of the goods covered by the contract of carriage of goods by sea, whether the claimant is a party to the contract or whether the claim is founded in contract or in tort.
The provisions of the preceding paragraph shall apply if the claim referred to in the preceding paragraph is brought against the carrier's servant or agent, and the carrier's servant or agent proves that his action was within the scope of his employment or agency.
Article 60 The carrier shall not be entitled to the benefit of the limitation of liability provided for in Article 57 or 58 of this Law if it is proved that the loss, damage, or delay in delivery of the goods resulted from an act or omission of the carrier committed with the intent to cause such loss, damage, or delay or recklessly and in the knowledge that such loss, damage, or delay would probably result.
The servant or agent of the carrier shall not be entitled to the benefit of the limitation of liability provided for in Article 57 or 58 of this Law, if it is proved that the loss, damage, or delay in delivery resulted from an act or omission of the servant or agent of the carrier committed with the intent to cause such loss, damage, or delay or recklessly and in the knowledge that such loss, damage, or delay would probably result.
Article 61 Where the performance of the carriage or part thereof is entrusted to an actual carrier, the carrier shall nevertheless remain responsible for the entire carriage according to the provisions of this Chapter.
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Order of the President of the People's Republic of China No. 58
October 28, 2025
The Maritime Law of the People's Republic of China, which was revised and adopted at the 18th Meeting of the Standing Committee of the 14th National People's Congress of the People's Republic of China on October 28, 2025, is hereby promulgated and shall come into force as of May 1, 2026.
Xi Jinping, President of the People's Republic of China
Maritime Law of the People's Republic of China
(Adopted at the 28th Meeting of the Standing Committee of the Seventh National People's Congress on November 7, 1992 and revised at the 18th Meeting of the Standing Committee of the 14th National People's Congress on October 28, 2025)
Contents
Chapter I General Provisions
Chapter II Ships
Section 1 Ownership of Ships
Section 2 Mortgage of Ships
Section 3 Maritime Liens
Section 4 Possessory Liens
Chapter III Crew
Section 1 Basic Principles
Section 2 The Master
Chapter IV Contract of Carriage of Goods by Sea
Section 1 Basic Principles
Section 2 Carrier's Responsibilities
Section 3 Shipper's Responsibilities
Section 4 Transport Documents
Section 5 Electronic Transport Records
Section 6 Delivery of Goods
Section 7 Change and Rescission of the Contract
Section 8 Special Provisions Regarding Multimodal Transport Contracts
Chapter V Contract of Carriage of Passengers by Sea
Chapter VI Charter Parties
Section 1 Basic Principles
Section 2 Voyage Charter Party
Section 3 Time Charter Party
Section 4 Bareboat Charter Party
Chapter VII Contract of Sea Towage
Chapter VIII Collision Between Ships
Chapter IX Salvage at Sea
Chapter X General Average
Chapter XI Limitation of Liability for Maritime Claims
Chapter XII Liability for Ship-induced Oil Pollution Damage
Section 1 Basic Principles
Section 2 Liability for Cargo Oil Pollution Damage
Section 3 Liability for Bunker Oil Pollution Damage
Chapter XIII Contract of Marine Insurance
Section 1 Basic Principles
Section 2 Conclusion, Rescission, and Assignment of Contracts
Section 3 Obligations of the Insured
Section 4 Liability of the Insurer
Section 5 Loss of and Damage to the Subject Matter Insured and Abandonment
Section 6 Payment of an Indemnity
Chapter XIV Limitation of Time
Chapter XV Application of Law in Relation to Foreign-related Matters
Chapter XVI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to regulating the relations arising from maritime transport and those pertaining to ships, to protecting the legitimate rights and interests of the parties concerned, to strengthening marine ecological and environmental protection, and to promoting the high-quality development of maritime transport, economy, and trade.
Article 2 For the purposes of this Law, "maritime transport" means the carriage of goods and passengers by sea, including sea–river and river–sea direct transport.
Article 3 For the purposes of this Law, "ship" means sea-going ships and other mobile units, but does not include ships or craft to be used for military or public service purposes, nor small ships of less than 20 tons gross tonnage. The term "ship" shall also include a ship's apparel.
Article 4 Ships are allowed to sail under the national flag of the People's Republic of China after being registered, as required by the law, and granted the nationality of the People's Republic of China.
Where a ship sails without lawfully flying the national flag of the People's Republic of China or unlawfully flies the flag of another country, region, or organization, the relevant authority shall order correction and pursue legal liability in accordance with the law.
Article 5 Maritime transport and towage services between the ports of the People's Republic of China shall be undertaken by ships that have been granted the nationality of the People's Republic of China in accordance with the law, except as otherwise provided for by laws or administrative regulations.
No foreign ships may engage in maritime transport or towage services between ports of the People's Republic of China unless permitted by the competent authority of transport under the State Council in accordance with the law.
Article 6 The competent authority of transport under the State Council and the relevant local people's governments and their competent transport authorities shall conduct supervision and administration of maritime transport activities in accordance with the law.
Chapter II Ships
Section 1 Ownership of Ships
Article 7 The ownership of a ship means the shipowner's rights to lawfully possess, utilize, profit from, and dispose of the ship in its ownership.
Article 8 The creation, alteration, transfer, or extinction of the ownership of a ship shall be registered with the ship registration authority; no creation, alteration, transfer, or extinction of the ship's ownership shall act against a bona fide third party unless registered.
The ownership of a ship under a financing lease retained by the lessor of the ship financing lease contract shall not be asserted against a bona fide third party unless such ownership has been registered. The lessee shall pay the hire in accordance with the ship financing lease contract. If the lessee fails to pay the hire within a reasonable time limit after being demanded to do so, the lessor may request payment of the full hire; or may rescind the ship financing lease contract and reclaim the ship under a financing lease.
The transfer of the ownership of a ship shall be carried out by a contract in writing.
Article 9 Where a ship is jointly owned by two or more legal persons, unincorporated organizations, or natural persons, the joint ownership thereof shall be registered with the ship registration authority; the joint ownership of the ship shall not act against a bona fide third party unless registered.
Ship rights holders, interested parties, and the relevant state authorities may inquire about the registration status of ship ownership in accordance with the law.
Article 10 The ownership of a ship under construction shall be determined according to the agreement between the parties; in the absence of an agreement or if the agreement is unclear, it shall be vested in the ship builder.
Section 2 Mortgage of Ships
Article 11 The right of mortgage with respect to a ship is the right of preferred compensation enjoyed by the mortgagee of that ship provided by the mortgagor as security for a debt, in accordance with the law, where and when the debtor fails to pay the debt that has fallen due or any a circumstance for realizing the mortgage agreed upon by the parties occurs.
Article 12 The owner of a ship or those authorized thereby may create a mortgage of the ship.
The mortgage of a ship shall be created by way of a contract in writing.
Article 13 The creation, alteration, transfer, or extinction of the mortgage of a ship shall be registered with the ship registration authority; no creation, alteration, transfer, or extinction of the ship's mortgage shall act against a bona fide third party unless registered.
The registration of the mortgage of a ship shall be handled jointly by the mortgagee and the mortgagor with the ship registration authority.
The main items for the registration of the mortgage of a ship shall be:
(1) Name or designation and domicile of both the mortgagee and the mortgagor of the ship;
(2) Name and nationality of the mortgaged ship and the authority that issued the certificate of ownership and the certificate number thereof;
(3) Amount of debt secured and the period for the repayment of the debt; and
(4) The time of mortgage registration.
Information about the registration of the mortgage of ships shall be accessible to the public for enquiry.
Article 14 Mortgages may be created on a ship under construction.
When registering the mortgage of a ship under construction, the relevant documents shall be submitted to the ship registration authority in accordance with the relevant regulations.
Article 15 The mortgaged ship shall be insured by the mortgagor unless the contract provides otherwise. In a case where the ship is not insured, the mortgagee has the right to place the ship under insurance coverage, and the mortgagor shall pay the premium therefor.
Article 16 Unless otherwise agreed upon among the joint owners of a ship, the creation of a mortgage on the jointly owned ship shall be handled as follows:
(1) In the case of a ship owned in shares, the consent of the joint owners holding more than two-thirds of the shares shall be obtained; and
(2) In the case of a ship owned jointly, the consent of all joint owners shall be obtained.
The mortgage created by the joint owners of a ship shall not be affected by virtue of the division of ownership thereof.
Article 17 After the creation of the mortgage of a ship, the mortgagor may transfer the mortgaged ship. Where the parties concerned have agreed otherwise, their agreement shall prevail. The transfer of the mortgaged ship shall not affect the mortgage of the ship.
Article 18 In the case of the transfer of the debt secured by the mortgage of a ship, the mortgage shall be transferred together therewith, unless otherwise provided for by the law or agreed upon by the parties concerned.
Article 19 Where two or more mortgages are created on the same ship, the order of repayment shall be determined according to the following circumstances:
(1) Mortgages on a ship that have been registered shall be satisfied in the order of the time of registration;
(2) Registered mortgages of a ship shall be satisfied prior to unregistered ones; and
(3) Mortgages on a ship that have not been registered shall be satisfied in proportion to the secured debt.
Article 20 If a mortgaged ship is damaged, lost, or expropriated, the mortgagee shall be entitled to preferred compensation from the insurance proceeds, indemnities, compensation, or any other funds derived therefrom.
Section 3 Maritime Liens
Article 21 A maritime lien is the right of the claimant, subject to the provisions of this Law, to take priority in compensation payable by shipowners, bareboat charterers, ship managers, or ship operators with respect to the ship which gave rise to the said claim.
Article 22 The following maritime claims shall be entitled to maritime liens:
(1) Payment claims for wages, other remuneration, crew repatriation and social insurance costs made by the Master, crew members, and other members serving on board in respect of their employment on the ship;
(2) Claims in respect of loss of life or personal injury that occur during the operation of the ship;
(3) Payment claims for ship's tonnage dues, pilotage dues, and other port charges;
(4) Payment claims for salvage payment; and
(5) Compensation claims for loss of or damage to property resulting from tortious acts during the operation of the ship, excluding claims for loss of or damage to the goods, containers or passengers' luggage carried on board the ship.
Where, according to the international treaties concluded or acceded to by the People's Republic of China or the mandatory provisions of laws or administrative regulations, civil liability insurance coverage has been obtained or a corresponding financial guarantee has been provided, maritime claims specified in Items (2) and (5) of the preceding paragraph shall not be entitled to maritime liens, to the extent of the insurance coverage or financial guarantee.
Article 23 The maritime claims set out in Paragraph 1 of Article 22 hereof shall be satisfied in the order listed. However, any of the maritime claims set out in Item (4) arising later than those under Items (1) through (3) shall have priority over those under Items (1) through (3).
If there are more than two maritime claims under Item (1), (2), (3) or (5) of Paragraph 1 of Article 22, they shall be satisfied at the same time regardless of their respective occurrences; where they cannot be paid in full, they shall be paid in proportion. Should there be more than two maritime claims under Item (4), those arising later shall be satisfied first.
Article 24 The legal costs for enforcing the maritime liens, the expenses for the preservation, auction or sale of the ship, the expenses for the distribution of the proceeds of sale and other expenses incurred for the common interests of the claimants shall be deducted and paid first from the proceeds of the auction or sale of the ship.
Article 25 Maritime liens shall not be extinguished by virtue of the transfer of the ownership of a ship, except those that have not been enforced within 60 days of a public notice on the transfer of the ownership of the ship made by a court at the request of the transferee when the transfer was effected.
Article 26 Where a maritime claim that is entitled to a maritime lien as prescribed in Article 22 of this Law is transferred or subrogated, such maritime lien shall be transferred accordingly.
Article 27 A maritime lien shall be enforced by the court by arresting the ship that gave rise to the said maritime lien.
Article 28 A maritime lien shall be extinguished under one of the following circumstances, except as prescribed in Article 25 of this Law:
(1) It has not been enforced within one year of the date of its creation;
(2) The ship is auctioned or sold by the court in accordance with the law; and
(3) The ship has been lost.
The period of one year specified in Item (1) of the preceding paragraph shall not be suspended or interrupted.
The one-year period for a maritime lien attached to a maritime claim under Item (1), Paragraph 1 of Article 22 of this Law shall commence on the date on which the maritime claimant leaves the ship on which he served.
Article 29 The provisions of this Section shall not affect the implementation of the limitation of liability for maritime claims provided for in Chapter XI of this Law.
Section 4 Possessory Liens
Article 30 A possessory lien means the right of the ship builder or repairer to detain the ship in its lawful possession when the other party to the contract fails to pay for the construction or repair of the ship as agreed, and having priority in regard to compensation for that ship.
A possessory lien shall be extinguished when the ship builder or repairer no longer possesses the ship under construction or repair.
A possessory lien shall have priority over the mortgage of a ship, and a maritime lien shall have priority over a possessory lien.
Article 31 Unless otherwise agreed, where the ship builder or repairer detains a ship for more than sixty days and the debtor still fails to pay the debt, the ship builder or repairer may agree with the debtor to have the detained ship discounted to satisfy the claim, or may have priority in regard to compensation from the proceeds of the auction or sale of the detained ship.
Article 32 During the period of detention, if the ship is seized and auctioned or sold by the court, it does not affect the right of the holder of the possessory lien to be paid with priority.
Chapter III Crew
Section 1 Basic Principles
Article 33 The term "crew" means the entire complement of a ship, including the Master.
Article 34 Chinese crew members shall obtain the corresponding crew competency certificates and health certificates in accordance with the relevant laws and administrative regulations on crew management.
Foreign crew members working on Chinese-flagged ships shall be governed by the relevant laws and administrative regulations on crew management.
Article 35 Chinese crew engaged on international voyages must possess a Seaman's Book and other relevant certificates issued by the maritime safety administrations of the People's Republic of China.
Article 36 Employers of a crew shall enter into labor contracts with the crew in accordance with the relevant laws, administrative regulations, and international treaties on labor and social security for the crew to which the People's Republic of China is a party.
In the absence of specific provisions in this Law as regards the employment of a crew as well as their rights and obligations in respect of labor and social security, the provisions of the relevant laws and administrative regulations shall apply.
Section 2 The Master
Article 37 The Master shall be responsible for the management and command of a ship.
Orders given by the Master within the scope of his functions and powers shall be carried out by other members of the crew, the passengers, and all persons on board.
The Master shall take the necessary measures to protect the ship and all persons on board, the documents, postal matter, the goods as well as other property carried on board and to prevent the ship from causing pollution to the ecology and environment.
Article 38 To ensure the safety of a ship and all persons on board, the Master shall be entitled to confine or take other necessary measures against those persons on board who are suspected of committing a crime or violating laws or regulations, and to guard against their concealment, destruction, or forging of evidence.
The Master, having taken actions as referred to in the preceding paragraph of this Article, shall make a written report of the case, which shall bear the signature of the Master himself and those of two or more others on board, and shall be handed over, together with the persons suspected of illegal or criminal activities, to the authorities concerned for disposition.
Article 39 The Master shall make entries in the log book of any occurrence of birth or death on board and shall issue a certificate to that effect in the presence of two witnesses. The death certificate shall be attached with a list of personal belongings of the deceased, and attestation shall be given by the Master to the will, if any, of the deceased. Both the death certificate and the will shall be taken into safe keeping by the Master and handed over to the family members of the deceased or the organizations concerned.
Article 40 Where a sea casualty occurs to a ship and the life and property on board are thus threatened, the Master shall, with crew members and other persons on board under his command, make the best efforts to run to the rescue. Should the foundering and loss of the ship become inevitable, the Master has the right to decide to abandon ship.
Upon abandoning ship, the Master shall take all measures first to evacuate the passengers safely from the ship in an orderly manner, then make arrangements for crew members to evacuate, while the Master shall be the last to evacuate. Before leaving the ship, the Master shall direct the crew members to do their utmost to rescue the deck log book, the engine room log book, the oil record book, the radio log book, the charts, documents, and papers used on the current voyage, as well as valuables, postal matter, and cash money, and shall direct the crew members to close oil tank valves and other equipment to prevent or reduce pollution.
Article 41 The duty of the Master for managing and commanding the ship shall not be absolved even with the presence of a pilot piloting the ship.
Article 42 Should death occur to the Master or the Master be unable to perform his duties for whatever reason, the deck officer with the highest rank shall act as the Master; before the ship sails from its next port of call, the shipowner, the ship operator, or the ship manager shall appoint a new Master to take command.
Chapter IV Contract of Carriage of Goods by Sea
Section 1 Basic Principles
Article 43 A contract of carriage of goods by sea is a contract under which the carrier, for the payment of freight, undertakes to carry by sea the goods contracted for shipment by the shipper from one port to another, including contracts of international carriage of goods by sea and contracts of domestic carriage of goods by sea between ports of the People's Republic of China.
Article 44 For the purposes of this Chapter:
(1) "Carrier" means the person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper;
(2) "Actual carrier" means the person who accepts the commission or sub-commission from the carrier and actually performs all or part of the obligations of the carrier as prescribed in Article 49 of this Law;
(3) "Shipper" means:
1. The person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier;
2. The person by whom or in whose name or on whose behalf the goods have been delivered to the carrier involved in the contract of carriage of goods by sea;
(4) "Consignee" means the person who is entitled to take delivery of the goods;
(5) "Goods" includes live animals and containers, pallets, vehicles, or similar articles of transport supplied by the shipper for consolidating the goods;
(6) "Shipping document" means a bill of lading, a sea waybill, or any other document which serves as evidence of a contract of carriage of goods by sea and of the taking over or loading of the goods by the carrier;
(7) "Bill of lading" means a document which serves as evidence of a contract of carriage of goods by sea, of the taking over or loading of the goods by the carrier, and under which the carrier undertakes to deliver the goods.
Article 45 Any stipulation in a contract of carriage of goods by sea, or in a bill of lading or any other transport document evidencing such contract, which derogates from the provisions of this Chapter, as well as any stipulation which transfers to the carrier the benefit of insurance on the goods or is of a similar nature, shall be null and void. However, such nullity and voidness shall not affect the validity of other stipulations of the contract or the bill of lading or other transport documents.
Article 46 The provisions of Article 45 of this Law shall not prejudice the increasing of duties and obligations by the carrier besides those set out in this Chapter.
Section 2 Carrier's Responsibilities
Article 47 The responsibilities of the carrier with regard to the goods carried in containers covers the entire period during which the carrier is in charge of the goods, starting from the time when the carrier has taken over the goods at the port of loading, until the goods have been delivered at the port of discharge. The responsibilities of the carrier with respect to non-containerized goods covers the period during which the carrier is in charge of the goods, starting from the time of loading of the goods onto the ship until the time when the goods are discharged therefrom. During the period when the carrier is in charge of the goods, the carrier shall be liable for the loss of or damage to the goods, except as otherwise provided for in this Section.
The provisions of the preceding paragraph shall not prevent the carrier from entering into any agreement concerning the carrier's responsibilities with regard to non-containerized goods prior to loading onto and after discharging from the ship.
Article 48 The carrier shall, before and at the beginning of the voyage, exercise due diligence to make the ship seaworthy, to properly man, equip, and supply the ship, and to make the holds, all other parts of the ship in which goods are carried, and the containers, if supplied by the carrier, fit and safe for the reception, carriage, and preservation of the goods.
The carrier of the domestic carriage of goods by sea shall also fulfill the obligations mentioned in the preceding paragraph during the voyage.
Article 49 The carrier shall properly and carefully take over, load, handle, stow, carry, keep, care for, discharge, and deliver the goods carried.
Article 50 The carrier shall carry the goods to the port of discharge on the agreed or customary or geographically direct route.
Any deviation for the purpose of saving or attempting to save life or property at sea or in other navigable waters adjacent thereto, or any reasonable deviation shall not be deemed to be an act deviating from the provisions of the preceding paragraph.
Article 51 Delay in delivery occurs when the goods are not delivered at the designated port of discharge within the time limit expressly agreed upon. In the domestic carriage of goods by sea, where the goods are not delivered within a reasonable time limit, it also constitutes delay in delivery.
The carrier shall be liable for the loss of or damage to the goods, as well as for any other economic loss caused by a delay in delivery due to the fault of the carrier, except for loss, damage, or any other economic loss arising or resulting from causes for which the carrier is not liable as provided for in this Chapter.
The person entitled to make a claim for the loss of goods may treat the goods as lost when the carrier does not deliver the goods within 60 days from the expiry of the time limit for delivery specified in Paragraph 1 of this Article.
Article 52 The carrier shall not be liable for the loss of, damage to, or delay in delivery of the goods, occurring during the period of its responsibility arising from any of the following causes:
(1) Fault of the Master, crew members, pilot, or servant of the carrier in the navigation or management of the ship;
(2) Fire on board, unless caused by the actual fault of the carrier;
(3) Force majeure and perils, dangers, and accidents at sea or in other navigable waters adjacent thereto;
(4) War or armed conflict, piracy, or terrorist activities;
(5) Acts of the government or competent authorities, quarantine restrictions, or seizure under legal processes not attributable to the carrier, the actual carrier, or their servants or agents;
(6) Strikes, stoppages, or restraint of labor;
(7) Saving or attempting to save life or property at sea or in other navigable waters adjacent thereto;
(8) Acts of the shipper, owner, or consignee of the goods or their servants or agents;
(9) Nature or inherent vice of the goods;
(10) Improper packaging of the goods or insufficiency or illegibility of marks;
(11) Latent defect of the ship not discoverable through due diligence; and
(12) Any other cause arising without the fault of the carrier, the actual carrier, or their servants or agents.
Items (1) and (2) of the preceding paragraph shall not apply to the domestic carriage of goods by sea.
The carrier who is entitled to exoneration from the liability for compensation as provided for in Paragraph 1 of this Article shall, with the exception of the causes given in Item (2), bear the burden of proof.
Article 53 The carrier shall not be liable for the loss of, damage to, or delay in the delivery of live animals arising or resulting from the special risks inherent in the carriage thereof. However, the carrier shall be bound to prove that it has fulfilled the shipper's special requirements regarding the carriage of live animals and that, in the circumstances, the loss, damage, or delay was due to such inherent special risks.
Article 54 If the carrier intends to carry the goods on deck, it shall enter into an agreement with the shipper or comply with the custom of the trade or the relevant laws or administrative regulations.
When the goods have been carried on deck in accordance with the provisions of the preceding paragraph, the carrier shall not be liable for the loss of, damage to, or delay in delivery of the goods caused by the special risks involved in such carriage.
Where the carrier and the shipper agree to carry goods on deck, such agreement shall be stated in the bill of lading; failing which, it shall have no effect against a bona fide third party.
Article 55 Where loss or damage or delay in delivery occurs due to causes for which the carrier or its servant or agent is not entitled to exoneration from liability, together with another cause, the carrier shall be liable only to the extent that the loss, damage, or delay in delivery is attributable to the causes for which the carrier is not entitled to exoneration from liability; however, the carrier shall bear the burden of proof with respect to the loss, damage, or delay in delivery resulting from the other cause.
Article 56 The amount of the indemnity for the loss of goods shall be calculated on the basis of the actual value of the goods so lost, while that for the damage to goods shall be calculated on the basis of the difference between the value of the goods before and after the damage, or on the basis of the expenses for their repair.
The actual value of goods shall be calculated based on the market price at the time and place of delivery; if the market price at the time and place of delivery cannot be determined, it shall be shall be the value of the goods at the time of shipment plus the insurance premium and freight.
From the actual value referred to in the preceding paragraph, deduction shall be made, at the time of compensation, of the expenses that are reduced or avoided as a result of the loss or damage occurring.
Article 57 The carrier's liability for the loss of or damage to goods shall be limited to an amount equivalent to 666.67 Units of Account per package or other shipping unit, or 2 Units of Account per kilogram of the gross weight of the lost or damaged goods, whichever is the higher, except where the nature and value of the goods was declared by the shipper before shipment and inserted in the bill of lading, or where a higher amount than the amount of the limitation of liability set out in this Article was agreed upon between the carrier and the shipper.
Where a container, pallet, or similar article of transport is used to consolidate goods, the number of packages or other shipping units enumerated in the bill of lading as packed in such article of transport shall be deemed to be the number of packages or shipping units. If not so enumerated, the goods in such article of transport shall be deemed to be one package or one other shipping unit.
Where the article of transport is not owned or furnished by the carrier, such article of transport shall be deemed to be one package or one other shipping unit.
Article 58 The liability of the carrier for the economic losses resulting from a delay in delivery of goods shall be limited to an amount equivalent to the freight payable for the goods so delayed. Where the loss of or damage to goods occurs concurrently with the delay in delivery thereof, the limitation of liability of the carrier shall be that as provided for in Paragraph 1 of Article 57 of this Law.
Article 59 The defense and limitation of liability provided for in this Chapter shall apply to any claim brought against the carrier through any action, arbitration, or other means with regard to the loss of or damage to or delay in delivery of the goods covered by the contract of carriage of goods by sea, whether the claimant is a party to the contract or whether the claim is founded in contract or in tort.
The provisions of the preceding paragraph shall apply if the claim referred to in the preceding paragraph is brought against the carrier's servant or agent, and the carrier's servant or agent proves that his action was within the scope of his employment or agency.
Article 60 The carrier shall not be entitled to the benefit of the limitation of liability provided for in Article 57 or 58 of this Law if it is proved that the loss, damage, or delay in delivery of the goods resulted from an act or omission of the carrier committed with the intent to cause such loss, damage, or delay or recklessly and in the knowledge that such loss, damage, or delay would probably result.
The servant or agent of the carrier shall not be entitled to the benefit of the limitation of liability provided for in Article 57 or 58 of this Law, if it is proved that the loss, damage, or delay in delivery resulted from an act or omission of the servant or agent of the carrier committed with the intent to cause such loss, damage, or delay or recklessly and in the knowledge that such loss, damage, or delay would probably result.
Article 61 Where the performance of the carriage or part thereof is entrusted to an actual carrier, the carrier shall nevertheless remain responsible for the entire carriage according to the provisions of this Chapter.
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