Study On The Application Of Contract Law To Voyage Charter Party

The Contract Law of the People's Republic of China (hereinafter referred to as "Contract Law") is a very important law enacted in our country by the end of the 20lh century with a view to directly regulating one of the most important social relationships - the contractual relationship. Various contractual relationships have not only certain internal connection but also unique characteristics. The study of "Contract Law" shall hence put emphasis on both general contractual relationships and concrete contract. The purpose of this thesis is to study the application of "Contract Law" to one of various contracts - the voyage charter party.The author takes measures of seeking new changes, discerning new problems and solving old problems to compare the provisions of "Contract Law" with the problems lying in voyage charter party. The analysis of the application of "Contract Law" is from general effect thereof to the application of concrete provisions thereof.The author, by referring to the general provisions and Chapter 17 regarding contract for transportation contained in specific provisions of "Contract Law", studies the application of "Contract Law" to voyage charter party with respect to conclusion, effectiveness, performance, modification and assignment, termination of the rights and obligations and liability for breach of contract. In every respect, several problems are analyzed with reference to some existing viewpoints, problems and typical cases.Upon study, the conclusion is that "Contract Law" has different effect of application to international voyage charter party and coastal voyage charter party. With regard to international voyage charter party, "Contract Law" shall be applicable only in the absence of relevant provisions or in the absence of provisions differing therefrom in China Maritime Code. The application of "Contract Law" to concrete problems of voyage charter party will be prejudiced by the similarity and disparity of some concepts. In the study, both the ostensible connection and essential connection between voyage charter party and relevant provisions of "Contract Law" shall be concerned. This issue is emphasized in the thesis.