專技普考申論題
112年
[海事保險公證人] 海事保險英文公證報告
第 一 題
📖 題組：
二、請翻譯下列英文為中文： (一) The Underwriters agree to indemnify the Assured for three-fourths of any sum or sums paid by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damage for 1. loss of or damage to any other vessel or property on any other vessel 2. delay to or loss of use of any such other vessel or property thereon 3. general average of, salvage of, or salvage under contract of, any such other vessel or property thereon where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel.（15 分） (二) Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.（10 分）
二、請翻譯下列英文為中文： (一) The Underwriters agree to indemnify the Assured for three-fourths of any sum or sums paid by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damage for 1. loss of or damage to any other vessel or property on any other vessel 2. delay to or loss of use of any such other vessel or property thereon 3. general average of, salvage of, or salvage under contract of, any such other vessel or property thereon where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel.（15 分） (二) Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.（10 分）
📝 此題為申論題，共 2 小題
小題 (一)
The Underwriters agree to indemnify the Assured for three-fourths of any sum or sums paid by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damage for...
(1. loss of or damage to any other vessel or property on any other vessel; 2. delay to or loss of use of any such other vessel or property thereon; 3. general average of, salvage of, or salvage under contract of, any such other vessel or property thereon)
where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel.
思路引導 VIP
此題為倫敦保險人協會船舶定期條款（ITCH）中經典的「四分之三碰撞責任條款（3/4 Collision Liability Clause / Running Down Clause）」。作答時須優先拆解長句邏輯，將末段的「where...」條件句（碰撞事故）移至中文譯文的句首或適當位置作為前提；同時嚴格要求海事保險專有名詞的精準對譯，如「indemnify」譯為補償、「general average」為共同海損、「salvage under contract」為契約救助。
小題 (二)
Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.
思路引導 VIP
本題為海事保險條款中關於「變更目的地」的標準條款翻譯。應特別注意保險專業術語的準確性，如「attachment of this insurance」譯為「本保險生效」、「Assured」譯為「被保險人」、「cover」譯為「承保」或「保險保障」，並留意倒裝句「Should a loss occur」的假設語氣譯法。