Study Of The Nature And Application Of Law Of Time Trip Charter Party

Time Trip Charter, which is also called as Time Charter Trip or Time Charter On Trip Basis and can be abbreviated into TCT, is one of the most popular chartering types in the shipping industry of recent years. This thesis is a study of the nature and application of law of Time Trip Charter Party. It mainly analyses the nature of TCT contract under Chinese law based on principle and articles of law, specifically by comparing with the named contract under Maritime law. It also summarizes cases under English law regarding the nature of TCT contract and makes evaluation of the difference of Chinese law and English law on this subject. Based on the conclusion of the nature of TCT contract by this thesis, it also discourses the application of law of TCT contract, and gives advices to the shipping company on the conclusion of TCT contract.Chapter one is a introduction of TCT, about basic information including its concept, characteristics, background and development, common practice of negotiation and conclusion, formation and main terms.Chapter two is study of the nature of TCT contract. Firstly, it explains the significance of the study, different opinions of the nature of TCT and main issues involved in the study.Secondly, it studies the nature of TCT contract under Chinese law. The first section discusses the theoretical foundation and basis, and come to conclusion of how to study the nature of maritime contract. In the following three sections, TCT contract is compared with contract of carriage of goods by sea, voyage charter party and time charter party from angles of legal concept, necessary article, subject, object and context of contract.Lastly, it summarizes and analyses the cases under English law about nature of TCT contract, which is compared with the conclusion under Chinese law. The conclusion reached under English law is also formed into basis of the discussion of the next chapter about the application of law and suggestion to the shipping company. Chapter three discusses the application of law based on the conclusion reached about nature of TCT contract and gives suggestion to the shipping company about important issue when concluding TCT contract.The conclusion part is the summary of concept, nature and application of law of TCT contract of this thesis.