统一关于海上留置权和抵押权某些规定的国际公约（修订）(附英文)

简介
本公约于１９６７年５月２７日在布鲁塞尔召开的第十二届海洋法外交会议上通过，１９８７年４月生效，参加本公约的国家有：丹麦、挪威、瑞典、叙利亚等。
缔约各方，
认识到通过协议制订某些关于海上留置权和抵押权的规则是可取的，
已决定为此目的而缔结一项公约，并已就此达成协议如下：
第一条
对海运船舶的抵押权及质权，如属下述情况，应在缔约国执行：
（１）此种抵押权及质权已根据船舶登记国法律设定，并已登记；
（２）登记册以及根据船舶登记国法律需要向登记处交存的任何文件供公众查验，而且，登记册摘要及上述文件的副本可自登记处索取；
（３）无论是登记册或上述（２）款所述任何文件载有为其利益设定留置权或质权之人的姓名或地址，或是不具姓名及地址，都根据登记国法律，按照所担保的款额、日期及其他情况，决定它与其他已登记的留置权及质权的排列次序。
第二条
已登记的留置权及质权在彼此之间的排列次序，以及其在不妨碍本公约规定的条件下对第三方的影响，应由登记国法律决定。然而，在不妨碍本公约规定的条件下，所有关于执行留置权及质权的手续问题，都应受执行国法律制约。
第三条
１．除第十一条另有规定外，任何缔约国非经已登记的拥有留置权及质权之人书面同意，不得允许注销对船舶的登记。
２．已在一个缔约国登记的船舶，不得在另一缔约国登记，除非：
（１）已由前一登记国发出证件，表明该船已经注销登记；或者
（２）已由前一登记国发出证件，表明该船在实行此项新的登记之日将注销以前的登记。
第四条
１．下述请求得以通过对船舶行使留置权而得到保证：
（１）就其在船上任职而应付与船长、高级船员及其他船员的工资及其他款项；
（２）港口、运河及其他水道费用以及引航费用；
（３）就直接涉及船舶营运问题之在陆上或水上发生的财物灭失或损害，而向船舶所有人提出的请求；
（４）就与船舶营运直接相关的不论是在陆上或水上发生的财产灭失或损害，根据侵权行为而不可能根据契约向船舶所有人提出的请求；
（５）就救助、清除船舶残骸以及共同海损分摊而提出的请求。
本款所述“船舶所有人”一语，应视为包括光船租船人或其他租船人、船舶经理人或营运人。
２．不得为担保本条第１款（１）、（３）项所述由于放射性物质或放射性物质与核子燃料或放射性产品或放射性废料的毒性、爆炸性或其他危险性物质相混合而引起的索赔，而对船舶行使海上留置权。
第五条
１．第四条所列海上留置权、应较已登记的抵押权及质权优先。而且，除第六条第（２）款规定者以外，任何其他索赔都不得优先于符合第一条规定的海上留置权或抵押权及质权。
２．第四条所列海上留置权应按顺序排列。但由留置权所担保的关于救助、清除船舶残骸以及共同海损分摊的请求，对此项留置权产生以前该船所进行的航次中发生的留置权而言，应享有优先权。
３．第四条第１款第（１）（２）（３）（４）各项中每一项所列的海上留置权，彼此之间按同一顺序排列。
４．第四条第１款第（５）项所列海上留置权，应与此项留置权所担保的请求的发生时间，颠倒排列。就共同海损分摊提出的请求，应认为在共同海损行为发生之日即已发生。就救助问题提出的请求，应认为在救助作业终止之时即已发生。
第六条
１．每一缔约国都得给予留置权或滞留船舶之权，以便使第四条所述者以外的请求得到担保。上述请求应列于第四条所列所有请求，以及符合第一条规定的所有已登记的抵押权及质权之后。此种滞留船舶之权，不得对第四条所述海上留置权或第一条规定的已登记抵押权或质权的实施发生影响；亦不得因行使此项留置权，而对将船舶交付购船人一事发生影响。
２．如就下述船舶给予留置权，即：
（１）为造船厂所持有，以便为就该船建造问题提出的请求得到担保；
（２）为修船厂所持有，以便为就上述占有期间进行修理而提出的请求提供担保，则此种留置权或滞留船舶之权应排列在第四条所列所有海上留置权之后，但可列在已登记的抵押权或质权之先。此种留置权或滞留权得不顾已就该船提出登记的抵押权或质权而照常行使，但自该船已不再为造船厂或修船厂所持有时起，即应消失。
第七条
１．第四条所列举的海上留置权，不论由其所担保的请求是针对船舶所有人或是针对光船租船人或其他租船人、船舶经理人或经营人提出，都应成立。
２．除第十一条另有规定外，凡是由留置权所担保的第四条所述请求，不论船舶所有权或登记事项发生任何变更，都随同船舶的存在而存在。
第八条
１．第四条所述留置权，自其所担保的请求发生一年后即告消失，除非在上述期限届满前船舶已被抵押，而这一抵押导致强制出售该船。
２．前款所述一年期限不得中止或中断。但在行使留置权之人依法被阻止扣押该船期间，不得计算时间。
第九条
由第四条所述海上留置权所担保的对请求的分配及代位求偿，同时造成对此项海上留置权的分配及代位求偿。
第十条
在一缔约国内强制出售船舶之前，该国主管当局应就出售时间及出售地点向下述各方发出或责令发出至少为期３０天的通知：
（１）所有尚未向其持票人发送的已登记的抵押权及质权的拥有人；
（２）发与其持票人的已登记的抵押权及质权的拥有人，以及已将其请求通知所述主管当局的第４条所指海上留置权的拥有人；
（３）船舶登记所在登记机关的登记人员。
第十一条
１．当在缔约国强制出售船舶时，除经抵押权及质权拥有人同意的由船舶购买人提出者外，所有抵押权及质权以及所有留置权和不论属于何种性质的债务纠纷，都不再与该船发生联系，但是：
（１）在出售时，该船在此种缔约国的管辖范围之内；
（２）此项出售系根据上述国家的法律及本公约规定进行；
任何租船契约或关于使用船舶的合同，都不得被视为本条所述范围内的留置权或债务纠纷。
２．法庭裁决的由于扣留船舶然后出售船舶所发生的费用，以及分配船舶价款的费用，首先应自船舶价款中支付，所余部分应在第六条第二款所述各海上留置权拥有人、滞留权拥有人及已登记抵押权及质权拥有人之间，按本约规定进行分配，以满足其请求为限。
３．当在某一缔约国登记的船舶在另一缔约国被强制出售时，法庭或具有管辖权的其他主管当局应在购船人请求下开具证明书，表明，除购船人所提出者外，该船之出售并无任何抵押权及质权以及留置权及其他债务纠纷，但须第一款第（１）、（２）项的要求已予满足，而且此种强制出售的价款已按本条第二款规定进行分配，或已交存根据出售地法律有权主管此事的当局。在出示上述证明书时，登记处便应注销除购船人所提出者以外所有登记的抵押权及债权，并以购船人名义登记该船，或为注销该船而开具注销证明书。
第十二条
１．除本公约中另有规定外，本公约的规定适用于在缔约国或非缔约国登记的所有海船。
２．本公约中的任何规定，都不要求赋予或剥夺国家拥有、经营或租用而充作公共、非商业服务之用的船舶的任何权利，或使针对上述任何船舶的任何权利得到行使。
第十三条
为实施本公约第三、十及十一条，缔约国主管当局应有权彼此直接进行函电联系。
第十四条至第二十四条（形式条款，从略。）
第二十五条
在已批准本公约各国之间，本公约即取代并废除１９２６年４月１９日在布鲁塞尔签订的关于统一海上留置权及抵押权及其签字议定书。
１９６７年５月２７日订于布鲁塞尔，以法文和英文写成，共一份，两种文本同等有效。该份存于比利时政府档案库，并由比利时政府分发经过核证的副本。

INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULESRELATING TO MARITIME LIENS AND MORTGAGES, 1967

Whole document
THE CONTRACTING PARTIES,
HAVING RECOGNIZED the desirability of determining by agreement certain
rules relating to maritime liens and mortgages,
HAVE RESOLVED to conclude a convention for this purpose, and thereto
agreed as follows:
Article 1
Mortgages and "hypothe`ques" on sea-going vessels shall be
enforceable in Contracting States provided that:
(a) such mortgages and "hypothe`ques" have been effected and
registered in accordance with the law of the State where the vessel is
registered:
(b) the register and any instruments required to be deposited with
the registrar in accordance with the law of the State where the vessel is
registered are open to public inspection, and that extracts of the
register and copies of such instruments are obtainable from the registrar,
and
(c) either the register or any instruments referred to in
paragraph (b) above specifies the name and address of the person in whose
favour the mortgage or "hypothe`que" has been effected or that it has
been issued to bearer, the amount secured and the date and other
particulars which, according to the law of the State of registration,
determine the rank as respects other registered mortgages and
"hypothe`ques".
Article 2
The ranking of registered mortgages and "hypothe`ques" as between
themselves and, without prejudice to the provisions of this Convention,
their effect in regard to third parties shall be determined by the law of
the State of registration: however, without prejudice to the provisions of
this Convention, all matters relating to the procedure of enforcement
shall be regulated by the law of the State where enforcement takes place.
Article 3
1. Subject to the provisions of Article 11, no Contracting State shall
permit the deregistration of a vessel without the written consent of all
holders of registered mortgages and "hypothe`ques".
2. A vessel which is or has been registered in a Contracting State
shall not be eligible for registration in another Contracting State,
unless:
(a) a Certificate has been issued by the former State to the
effect that the vessel has been deregistered, or
(b) a certificate has been issued by the former State to the
effect that the vessel will be deregistered on the day when such new
registration is effected.
Article 4
1. The following claims shall be secured by maritime liens on the
vessel:
(i) wages and other sums due to the master, officers and other
members of the vessel's complement in respect of their employment on the
vessel;
(ii) port, canal and other waterway dues and pilotage dues;
(iii) claims against the owner in respect of loss of life or
personal injury occurring, whether on land or on water, in direct
connection with the operation of the vessel;
(iv) claims against the owner, based on tort and not capable of
being based on contract, in respect of loss of or damage to property
occurring, whether on land or on water, in direct connection with the
operation of the vessel;
(v) claims for salvage, wreck removal and contribution in general
average.
The word "owner" mentioned in this paragraph shall be deemed to
include the demise or other charterer, manager or operator of the vessel.
2. No maritime lien shall attach to the vessel securing claims as set
out in paragraph 1. (iii) and (iv) of this Article which arise out of or
result from the radioactive properties or a combination of radioactive
properties with toxic, explosive or other hazardous properties of nuclear
fuel or of radioactive product or waste.
Article 5
1. The maritime liens set out in Article 4 shall take priority over
registered mortgages and "hypothe`ques". and no other claim shall take
priority over such maritime liens or over mortgages and "hypothe`ques"
which comply with the requirements of Article 1, except as provided in
Article 6(2).
2. The maritime liens set out in Article 4 shall rank in the order
listed, provided however that maritime liens securing claims for salvage,
wreck removal and contribution in general average shall take priority over
all other maritime liens which have attached to the vessel prior to the
time when the operations giving rise to the said liens were performed.
3. The maritime liens set out in each of subparagraphs (i), (ii),
(iii) and (iv) of paragraph (1) of Article 4 shall rank pari passu as
between themselves.
4. The maritime liens set out in subparagraph (v) of paragraph (1) of
Article 4 shall rank in the inverse order of the time when the claims
secured thereby accrued. Claims for contribution in general average shall
be deemed to have accrued on the date on which the general average act was
performed; claims for salvage shall be deemed to have accrued on the date
on which the salvage operation was terminated.
Article 6
1. Each Contracting State may grant liens or rights of retention to
secure claims other than those referred to in Article 4. Such liens shall
rank after all maritime liens set out in Article 4 and after all
registered mortgages and "hypothe`ques" which comply with the
provisions of Article 1; and such rights of retention shall not prejudice
the enforcement of maritime liens set out in Article 4 or registered
mortgages of "hypothe`ques" which comply with the provisions of Article
1, nor the delivery of the vessel to the purchaser in connection with such
enforcement.
2. In the event that a lien or right of retention is granted in
respect of a vessel in possession of
(a) a shipbuilder, to secure claims for the building of the
vessel. or
(b) a ship repairer, to secure claims for repair of the vessel
affected during such possession,
such lien or right of retention shall be postponed to all maritime
liens set out in Article 4, but may be preferred to registered mortgages
or "hypothe`ques". Such lien or right of retention may be exercisable
against the vessel notwithstanding any registered mortgage or
"hypothe`que" on the vessel, but shall be extinguished when the vessel
ceases to be in the possession of the shipbuilder or ship repairer, as the
case may be.
Article 7
1. The maritime liens set out in Article 4 arise whether the claims
secured by such liens are against the owner or against the demise or other
charterer, manager or operator of the vessel.
2. Subject to the provisions of Article 11, the maritime liens
securing the claims set out in Article 4 follow the vessel notwithstanding
any change of ownership or of registration.
Article 8
1. The maritime liens set out in Article 4 shall be extinguished after
a period of one year from the time when the claims secured thereby arose
unless, prior to the expiry of such period, the vessel has been arrested,
such arrest leading to a forced sale.
2. The one year period referred to in the preceding paragraph shall
not be subject to suspension or interruption, provided however that time
shall not run during the period that the lienor is legally prevented from
arresting the vessel.
Article 9
The assignment of or subrogation to a claim secured by a maritime lien
set out in Article 4 entails the simultaneous assignment of or subrogation
to such maritime lien.
Article 10
Prior to the forced sale of a vessel in a Contracting State, the
competent authority of such State shall give, or cause to be given at
least thirty days written notice of the time and place of such sale to:
(a) all holders of registered mortgages and "hypothe`ques"
which have not been issued to bearer;
(b) such holders of registered mortgages and "hypothe`ques"
issued to bearer and to such holders of maritime liens set out in Article
4 whose claims have been notified to the said authority;
(c) the registrar of the register in which the vessel is
registered.
Article 11
1. In the event of the forced sale of the vessel in a Contracting
State all mortgages and "hypothe`ques", except those assumed by the
purchaser with the consent of the holders, and all liens and other
encumbrances of whatsoever nature shall cease to attach to the vessel,
provided however that:
(a) at the time of the sale, the vessel is in the jurisdiction of
such Contracting State, and
(b) the sale has been effected in accordance with the law of the
said State and the providing of this Convention.
No charter party or contract for the use of the vessel shall be deemed
a lien or encumbrance for the purpose of this Article.
2. The cost awarded by the Court and arising out of the arrest and
subsequent sale of the vessel and the distribution of the proceeds shall
first be paid out of the processes of such sale. The balance shall be
distributed among the holders of maritime liens, liens and rights of
retention mentioned in paragraph 2 of Article 6 and registered mortgages
and "hypothe`ques" in accordance with the provisions of this Convention
to the extent necessary to satisfy their claims.
3. When a vessel registered in a Contracting State has been the object
of a forced sale in a Contracting State, the Court or other competent
authority having jurisdiction shall, at the request of the purchaser,
issue a certificate to the effect that the vessel is sold free of all
mortgages and "hypothe`ques", except those assumed by the purchaser,
and all liens and other encumbrances, provided that the requirements set
out in paragraph 1, subparagraphs (a) and (b) have been complies with, and
that the proceeds of such forced sale have been distributed in compliance
with paragraph 2 of this Article or have been deposited with the authority
that is competent under the law of the place of the sale. Upon production
of such certificate the registrar shall be bound to delete all registered
mortgages and "hypothe`ques", except those assumed by the purchaser,
and to register the vessel in the name of the purchaser or to issue a
certificate of deregistration for the purpose of re-registration, as the
case may be.
Article 12
1. Unless otherwise provided in this Convention, its provisions shall
apply to all sea-going vessels registered in a Contracting State or in a
non-Contracting State.
2. Nothing in this Convention shall require any rights, to be
conferred in or against, or enable any rights to be enforced against any
vessel owned, operated or chartered by a State and appropriated to public
non-commercial services.
Article 13
For the purposes of Articles 3, 10 and 11 of this Convention, the
competent authorities of the Contracting States shall be authorized to
correspond directly between themselves.
Article 14
Any Contracting Party may at the time of signing, ratifying or
acceding to this Convention make the following reservations:
1. to give effect to this Convention either by giving it the force of
law or by including the provisions of this Convention in its national
legislation in a form appropriate to that legislation;
2. to apply the International Convention relating to the Limitation of
the Liability of Owners of Seagoing Ships, signed at Brussels on October
10, 1957.
Article 15
Any dispute between two or more Contracting Parties concerning the
interpretation or application of this Convention which cannot be settled
through negotiation, shall, at the request of one of them, be submitted to
arbitration. If within six months from the date of the request for
arbitration the parties are unable to agree on the organization of the
arbitration, any one of those parties may refer the dispute to the
International Court of Justice by request in conformity with the Statute
of the Court.
Article 16
1. Each Contracting Party may at the time of signature or ratification
of this Convention or accession thereto, declare that it does not consider
itself bound by Article 15 of the Convention. The other Contracting Party
shall not be bound by this Article with respect to any Contracting Party
having made such a reservation.
2. Any Contracting Party having made a reservation in accordance with
paragraph 1 may at any time withdraw this reservation by notification to
the Belgian Government.
Article 17
This Convention shall be open for signature by the States represented
at the twelfth session of the Diplomatic Conference on Maritime Law.
Article 18
This Convention shall be ratified and the instruments of ratification
shall be deposited with the Belgian Government.
Article 19
1. This Convention shall come into force three months after the date
of the deposit of the fifth instrument of ratification.
2. This Convention shall come into force in respect of each signatory
State which ratifies it after the deposit of the fifth instrument of
ratification, three months after the date of the deposit of the instrument
of ratification.
Article 20
1. States, Members of the United Nations or Members of the specialized
agencies, not represented at the twelfth session of the Diplomatic
Conference on Maritime Law, may accede to this Convention.
2. The instruments of accession shall be deposited with the Belgian
Government.
3. The Convention shall come into force in respect of the acceding
State three months after the date of deposit of the instrument of
accession of that State, but not before the date of entry into force of
the Convention as established by Article 19(1).
Article 21
Each Contracting Party shall have the right to denounce this
Convention at any time after the coming into force thereof in respect of
such Contracting Party. Nevertheless, this denunciation shall only take
effect one year after the date on which notification thereof has been
received by the Belgian Government.
Article 22
1. Any Contracting Party may at the time of signature, rectification
or accession to this Convention or at any time thereafter declare by
written notification to the Belgian Government which, among the
territories under its sovereignty or for whose international relations it
is responsible, are those to which the present Convention applies.
The Convention shall three months after the date of the receipt of
such notification by the Belgian Government, extend to the territories
named therein.
2. Any Contracting Party which has made a declaration under paragraph
(1) of this Article may at any time thereafter declare by notification
given to the Belgian Government that the Convention shall cease to extend
to such territories.
This denunciation shall take effect one year after the date on which
notification thereof has been received by the Belgian Government.
Article 23
The Belgian Government shall notify the States represented at the
twelfth session of the Diplomatic Conference on Maritime Law, and the
acceding States to this Convention, of the following:
1. The signatures, ratifications and accessions received in accordance
with Articles 17, 18 and 20.
2. The date on which the present Convention will come into force in
accordance with Article 19.
3. The notifications with regard to Articles 14, 16 and 22.
4. The denunciations received in accordance with Article 21.
Article 24
Any Contracting Party may three years after the coming into force of
this Convention, in respect of such Contracting Party, or at any time
thereafter request that a Conference be convened in order to consider
amendments to this Convention.
Any Contracting Party proposing to avail itself of this right shall
notify the Belgian Government which, provided that one-third of the
Contracting Parties are in agreement, shall convene the Conference within
six months thereafter.
Article 25
In respect of the relations between States which ratify this
Convention shall replace and abrogate the International Convention for the
Unification of certain Rules relating to Maritime Liens and Mortgages and
Protocol of signature. signed at Brussels on April 19, 1926.
IN WITNESS WHEREOF the undersigned plenipotentiaries, duly authorized.
have signed this Convention.
DONE at Brussels, this 27th day of May 1967, in the French and English
languages, both texts being equally authentic, in a single copy, which
shall remain deposited in the archives of the Belgian Government, which
shall issue certified copies.