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 二 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 (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。
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.
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。
海事保險公證實務
💡 掌握被保險人損害防阻義務與海事公證鑑定實務術語。
🔗 貨損發現與公證處理流程
- 1 履行義務 — 被保險人採取防阻措施並保全對第三方追償權。
- 2 會同公證 — 指派公證人與相關方進行 Joint Survey 調查。
- 3 原因鑑定 — 使用硝酸銀測試判斷是否為 seawater ingress。
- 4 總結報告 — 彙整 Findings 並作為保險理算與求償依據。
↓
↓
↓
🔄 延伸學習：延伸學習：保險法中有關損害防阻費用之給付範圍（Sue and Labour Clause）。
