| 1. | However , special compensation is not perfect and need to be developed during practice 然而,这种新制度自出现就带来了诸多的不稳定,需要在海难救助的实践中不断完善。 |
| 2. | If the salvor has failed , due to his negligence , to prevent or minimize the pollution damage to the environment , he may be totally or partly deprived of the right to the special compensation 由于救助方的过失未能防止或减少环境污染损害的,可以全部或部分地剥夺救助方获得特别补偿的权利。 |
| 3. | If the salvor has been negligent and has thereby failed to prevent or minimize the pollution damage to the environment , the salvor may be totally or partly deprived of the right to the special compensation 由于救助方的过失未能防止或者减少环境污染损害的,可以全部或者部分地剥夺救助方获得特别补偿的权利。 |
| 4. | As regards the special compensation payments for former residents of the tiu keng leng cottage area under the capital works reserve fund ( payments ) , how many residents are expected to obtain the payments in 2004 - 05 就基本工程储备基金(支出)部分的前调景岭居民特殊补偿方面,预计在2004 - 05年会有多少居民领取这些补偿? |
| 5. | Under all circumstances , the total special compensation defined in this clause shall be paid only if such compensation is greater than the reward recoverable by the salvor under clause 7 of this contract , and the amount to be paid shall be the difference between the special compensation and the reward 在任何情况下,本条规定的全部特别补偿,只有超过救助方依照本合同第七条规定能够获得的救助报酬时,方可支付,支付金额为特别补偿超过救助报酬的差额部分。 |
| 6. | The court which has entertained the suit or the arbitration organization may , if it deems fair and just and taking into consideration the provisions of paragraph 1 of article 180 of this code , render a judgment or an award further increasing the amount of such special compensation , but in no event shall the total increase be more than 100 % of the expenses incurred by the salvor 受理争议的法院或者仲裁机构认为适当,并且考虑到本法第一百八十条第一款的规定,可以判决或者裁决进一步增加特别补偿数额;但是,在任何情况下,增加部分不得超过救助费用的百分之一百。 |
| 7. | If the salvor has carried out the salvage operations prescribed in the preceding paragraph and has prevented or minimized pollution damage to the environment , the special compensation payable by the owner to the salvor under paragraph 1 of this article may be increased by an amount up to a maximum of 30 % of the expenses incurred by the salvor 救助人进行前款规定的救助作业,取得防止或者减少环境污染损害效果的,船舶所有人依照前款规定应当向救助方支付的特别补偿可以另行增加,增加的数额可以达到救助费用的百分之三十。 |
| 8. | Compensation for damage caused by divorce is a special compensation for tortuous damage , therefore , besides general constitutive elements of compensation for damage , i . e . act of tort , fault , causal relationship and fact of damage , the liability of compensation for damage caused by divorce shall have a special constitutive element , divorce 离婚损害赔偿是一项特殊的侵权损害赔偿,因此,离婚损害赔偿责任除具备一般的损害赔偿的构成要件以外,即侵权行为、过错、因果关系、损害事实外,还需具备离婚这一特殊要件。 |
| 9. | Article 182 if the salvor has carried out the salvage operations in respect of a ship which by itself or its goods threatened pollution damage to the environment and has failed to earn a reward under article 180 of this code at least equivalent to the special compensation assessable in accordance with this article , he shall be entitled to special compensation from the owner of that ship equivalent to his expenses as herein defined 第一百八十二条对构成环境污染损害危险的船舶或者船上货物进行的救助,救助方依照本法第一百八十条规定获得的救助报酬,少于依照本条规定可以到的特别补偿的,救助方有权依照本条规定,从船舶所有人处获得相当于救助费用的特别补偿。 |
| 10. | If the salvor , performing the salvage operations in respect of the vessel which by itself or her cargo threatened pollution damage to the environment , has failed to earn a reward under clause 7 of this contract at least equivalent to the special compensation assessable in accordance with this clause , he shall be entitled to special compensation from the owner of the vessel equivalent to his expenses as herein defined 第九条对构成环境污染损害危险的船舶或船上货物进行的救助,救助方依照本合同第七条规定所获得的救助报酬,少于依照本条规定可以得到的特别补偿的,救助方有权依照本条规定,从船舶所有人处获得相对于救助费用的特别补偿。 |