The Study Of Charterparty Bill

By studying the law and practice of the shipping industries, we can conclude that most of the disputes in this field embody in the three following aspects: first, the dispute about signing and performing of charterparties; second, the dispute about bills of lading; third, the dispute about the loss and damage of insured goods. The importance and complexity of these aspects can be seen from these disputes. The signing of charterparty bills under charters make the matter even more complicated, which will interwave the problem of charters and bills of lading. Study on charterparty bills is not well-done by scholars. In order to draw more attention in this field, the thesis shall try to study these issues.The study on charterparty bills could be done from many aspects. Much more study on bills of lading has been done not only from theory but also from practice. The thesis will study not only from the theory but also the practice on charterparty bills. The main contents of the thesis is as following: first, signing of charterparty bills, which is the key step involved into the shipping. Which form of carterparty bills to be adopted and who sign charterparty bills will greatly affect the right, obligation and responsbility of the parties; second, the function of charterparty bills, which depends on who is the charterparty bill holder; third, incorporation clause, which will determine to what extent the charter clauses shall be incorporated into the charterparty bill and to what extent the clauses of the charter shall protect the charter parties; fourth, the identity of the carrier, which is very importan and extremly complicate under charter. The method of comparison shall be adopted in this thesis; fifth, demurrage. The thesis studies how demurrage come forth and how to allocateit,- the suit right of owners, the responsbilty of charterers under charters and charterparty bills.The methods of analysis, synthesis, classification and comparison shall be adoptedto study the maritime law of England, America and China.Incorporation clauses are the core of charterparty bills. Generally speaking, though incorporation clauses have been approven in many countries, there are still many disputes to be arisen on whether the abtrition clause of the charter could be incorporated into charterparty bills, To my opinion, if it is clearly expressed in the incorporation clause that the abtrition clause of the charter to be incorporated into charterparty bills, it shall be effective. If there are some conflicts between the clauses of the charterparty bill and the clauses of the charter, which is preferential? If it is clearly expressed in the charterparty bill that the clauses of the charter is pereferential, the clauses of the charter should be applied. Otherwise, the clauses of the bill should be applied. To my opinion, the "pratical method" of identity of carriers in America is reasonable, though it is adopted to protect the interst of the merchant. The stipulations on carriers and actual carriers in CMC not only have well solved the long-existing problem of identity of carriers but also meet the demand of shipping practice. In this respect, CMC keeps step with international trend, so it achieves great welcome and recognition.This thesis shall focus on thorough study on charterparty bills and the author hope to exchange ideas with the judicial world in China and tries an effort to establish and perfect the legal system of B/L in China.