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Application Of Contract Performance System Of Contract Law In Shipping Contract And Charter Party

Posted on:2002-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:X D YuFull Text:PDF
GTID:2156360062480179Subject:International Law
Abstract/Summary:PDF Full Text Request
For respective benefit, the clients conclude shipping contracts or charter parties ,but whether their goals of the contracts can be achieved, and how much they can be satisfied, would decide on the performance of the contract.The performance of the shipping contract or charter parties is their naturally lawful result as long as it exists legally , is the chief comment of lawful effect of contracts, and is the core of the whole law system of contract. Just as some researchers said, performance of contract is the home or the stretch of all other contract law system.China Maritime Code, enforced from 1993,has been proved to have many problems, because some provisions are out-dated, or self-contradictory, or out line with the whole law system, all of which hold back the development of ocean shipping business.Contract law .enforced from 1999, which adapted many brand new and advanced law systems, in term of the performance of contract ,such as sincere and honest performance, contract of the third party concerned, defend right in bilateral contract and the preservation of contract.Referring developed counties' mature law experience ,based on our recent law system, and shipping practice, this article is focused on the special application of new performance system of contract law in shipping contract and charter parties.Deep understanding and flexible application of the system will effectively help each party concerned with shipping contracts or charter parties protect their benefit, and achieve their goals.
Keywords/Search Tags:contract concerned with the third party, performance defend rights of contract, preservation of contract
PDF Full Text Request
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