專技普考申論題
113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： ㈠ It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder ⑴ to take such measures as may be reasonable for the purpose of averting or minimising such loss, and ⑵ to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.（15 分） ㈡ The assured import the shipment of paper tool totaling 400 CTNs/3000PCS in container No. BX-12365 via M.V. “Ocean Victory” V-256 from Kobe under CY/CY term. When dampness on the container floor was tested by silver nitrate, the seawater indication was obtained, of which the result signified ingress of seawater through the floor. Meanwhile, the merchandise situated right above the floor were damaged as well. Our surveyor was sent for the joint survey with the findings hereby as stated above.（10 分）
二、請翻譯下列英文為中文： ㈠ It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder ⑴ to take such measures as may be reasonable for the purpose of averting or minimising such loss, and ⑵ to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.（15 分） ㈡ The assured import the shipment of paper tool totaling 400 CTNs/3000PCS in container No. BX-12365 via M.V. “Ocean Victory” V-256 from Kobe under CY/CY term. When dampness on the container floor was tested by silver nitrate, the seawater indication was obtained, of which the result signified ingress of seawater through the floor. Meanwhile, the merchandise situated right above the floor were damaged as well. Our surveyor was sent for the joint survey with the findings hereby as stated above.（10 分）
📝 此題為申論題，共 2 小題
小題 (一)
It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder
⑴ to take such measures as may be reasonable for the purpose of averting or minimising such loss, and
⑵ to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.
思路引導 VIP
考生看到此題應立刻辨識出這是倫敦保險人協會貨物條款（ICC）中著名的「被保險人義務條款」（Duty of Assured Clause，又稱防損與保全索賠權條款）。翻譯時須嚴格使用海事保險專有名詞，如「the Assured」（被保險人）、「bailees」（受託人）、「averting or minimising」（避免或減輕），並確保法律句型的邏輯連貫與嚴謹。
小題 (二)
The assured import the shipment of paper tool totaling 400 CTNs/3000PCS in container No. BX-12365 via M.V. “Ocean Victory” V-256 from Kobe under CY/CY term. When dampness on the container floor was tested by silver nitrate, the seawater indication was obtained, of which the result signified ingress of seawater through the floor. Meanwhile, the merchandise situated right above the floor were damaged as well. Our surveyor was sent for the joint survey with the findings hereby as stated above.
思路引導 VIP
本題測驗海事公證報告中常見的貨損查勘實務描述。翻譯時應準確運用海運及公證專有名詞，如「CY/CY term」（貨櫃場至貨櫃場條件）、「silver nitrate」（硝酸銀測試）及「joint survey」（會同公證），並保持公證報告客觀、嚴謹的語氣。