Outside the port of registration, the master has the authority to perform any and all acts in and out of court as are necessary for a voyage on behalf of the shipowner, except for the following acts:
一
船舶について抵当権を設定すること。
mortgaging the ship; and
二
借財をすること。
borrowing money.
第二項
船長の代理権に加えた制限は、善意の第三者に対抗することができない。
A limitation on the master's authority to act as agent may not be asserted against a third party in good faith.
If the master is unable to command the ship due to a compelling reason, the master may appoint another person to perform the master's duties, unless otherwise provided for by laws and regulations. In this case, the master is responsible to the shipowner for the appointment.
第七百十条
(属具目録の備置き)Keeping of Equipment Inventory
第一項
船長は、属具目録を船内に備え置かなければならない。
The master must keep the equipment inventory on board the ship.
While a ship is at sea, the master must handle cargo on behalf of persons with an interest in the cargo in a way that is in their best interests, when it is necessary to do so in order to benefit their interests.
If a person with an interest in cargo incurs an obligation in connection with that cargo due to the handling referred to in the preceding paragraph, the interested person may be released from the liability for that obligation by transferring its rights in the cargo to the obligee; provided, however, that this does not apply if there is negligence on the part of the interested person.
第七百十二条
(航海継続のための積荷の使用)Using Cargo to Continue Voyage
第一項
船長は、航海を継続するため必要があるときは、積荷を航海の用に供することができる。
The master may use the cargo for a voyage if this is necessary in order to continue the voyage.
The provisions of Article 576, paragraphs (1) and (2) apply mutatis mutandis to the amount of compensation payable by the shipowner in the case referred to in the preceding paragraph. In this case, the term "delivered" in paragraph (1) of that Article is deemed to be replaced with "discharged".
The master is liable to compensate for loss or damage that the crew members cause to others intentionally or negligently in the course of performing their duties; provided, however, that this does not apply if the master proves that the master did not neglect to exercise due care in supervision of the crew members.
第七百十四条
(船長の報告義務)Master's Duty to Report
第一項
船長は、遅滞なく、航海に関する重要な事項を船舶所有者に報告しなければならない。
The master must report material information about a voyage to the shipowner without delay.
The master who is dismissed pursuant to the provisions of the preceding paragraph may demand compensation from the shipowner for loss or damage arising from the dismissal, unless there are reasonable grounds for the dismissal.
If the master is one of the part owners of the ship and is subject to involuntary dismissal, the master may demand that the other part owners buy out the master's share at a reasonable price.
Before seeking to make the demand under the provisions of the preceding paragraph, the master must issue notice of this to the other part owners or to the ship's manager without delay.