On The Safe Port Warranty Under Charter Party

The undertaking of safe port warranty concerns the interests of both parties to the charter party as well as the sound development of shipping practice. The problem is complicated in shipping practice and is different in voyage charter and time charter. In view of the simple clause in the charter party, some problems existing in the related laws (especially in CMC) and lack of established cases in judicial practice in China, the author take it indispensable to have a thorough inquiry into safe port warranty under charter party.The author discusses several aspects concerning the undertaking of safe port warranty, and then puts forth own opinion and make some suggestions for the legislation in this respect.In the first chapter, the author elaborates the basic problems concerning the undertaking of safe port warranty, including the definition, contents, standards and scope of safe port.In the second chapter, the author discusses the nature of safe port warranty under charter party in the view of English law by means of comparing three theories (Warranty Theory, Roskill Approach and Fault Theory) , and then considers the nature in Chinese law.In the third chapter, the author analyzes and compares the safe port clause and other related clauses in the charter party by means of systematic construction, in order to have a deep understanding of the status of safe port clause in charter party.In the fourth chapter, the author discusses several problems concerning the undertaking of safe port warranty, including the dispute of duration of safe port warranty and how safe port warranty belongs to. The author clarifies this problem under both voyage charter and time charter, and tells the difference.In the fifth chapter, the author has analyzed the legal consequences arising from breach of undertaking of safe port warranty under charter party, that is the right of the ship owner to terminate the contract and the liability of the charterer. As for the first problem, the author discusses the theory of the classification of the clauses in English law first, and then studies it under both time charter party and voyage charter party. As for the second problem, the author discusses the scope of the liability for damage compensation and the exemptions.In the sixth chapter, the author points out the reasonable aspects and the problems existing in CMC concerning safe port warranty and makes some suggestions for the legislation in China. CMC has some problems in the clauses about the definition, undertaking and liability of safe port warranty, so the author provides some suggestions.The author writes the thesis by means of case analysis and comparative analysis, comparing English law with Chinese law and safe port warranty under voyage charter party with that under time charter party. The author also studies safe port warranty under Chinese law through studying Civil Law, Contract Law and CMC.The author aims to have a deep study on safe port warranty under charter party and offer some enlightenment to the legislation and the practice in China.