Study On The Cancel Clause Of The Shipowner In The Voyage Charter Party

There is no integrated international conventions about voyage charter party (here in after referred to as V/C) nowadays in the field of V/C. Not only is the V/C influenced by the principle of free contract as well as each state's contract law, but also composed to the international maritime laws and conventions. So the V/C is a kind of special while complicated contract. It comprises of many problem on law. The point here is the shipowner's right to cancel under V/C to perfect the legal system about it in our country.This dissertation can be divided into five parts.Chapter 1 mainly introduces the charter's cancel clause in the V/C and relates the definition, significance and adaptation of it. After analyzing the content of the clauses, it can be concluded that it only regulates the right of charter. And the right is also regulated in maritime law and conventions. But for the shipowner's right to cancel, it isn't regulated in the maritime law as well as the maritime conventions.Chapter 2 discusses the current situations of the shipowner's right to cancel in the V/C. The special legal problem is that the way of shipowner to get the right to cancel in the circumstances that the shipowner is always waiting for goods in the shipping port but the goods aren't provided. It isn't reasonable for the shipowner to rescind the V/C by carrying out the fundamental breach, anticipatory breach, force majeure, delay performance, impossible of performance, under the termination of the contract, and the terms of Jupiter clause.Chapter 3 not only discusses as well as analysis legal status and risk losses of the shipowner in the V/C. The corresponding expounds the charter legal disadvantage, shipping cost, freight of risk, preliminary voyage loss and damage for detention.Chapter 4 analyzed that it is feasible for the shipowner's cancel clause be drawed into the V/C. According to the three parts above, the author proposed to draw the shipowner's right to cancel into the V/C and analyzed the contents of the clauses of the shipowner's right to cancel.Chapter 5 discusses and suggests the shipowner's cancel clause. After analyzing the shipowner's right to cancel, the author tried to put up the legal suggestions on the shipowner's right to cancel in order to give the legal directions to the signature for the parties as well as make up for the contractual deficiency, meanwhile, the author proposes to draw the clause into standard contract form when being amended.