Study On The Legal Problems Related To The Duration And Duration

Demurrage and damage for detention are concepts easy to be confused in MaritimeLaw.The two doctrines have both connections and obvious differences.In the practiceof maritime transportation,with the issues of sales contract,voyage charter contractand bill of loading’s mixture with each other,indemnity of demurrage and damage fordetention become more complicated---the parties’ failure to determine this twodefinitions and to make clear agreements lead to various disputes.Therefore,analysisand differentiation of demurrage and damage for detention are essential to thedrafting and reviewing of maritime transportation contract,as well helpful to solve thedisputes arising out of relevant problems,so as to protect the legitimate interests ofowner、charterer and the concerned parties.This thesis first and foremost starts with the basic principles of demurrage anddamage for detention by analyzing their definitions,nature and differences from theaspects of legal nature and origins.This part provides theoretical basis for main bodyof this thesis.Then this thesis researches on problems of demurrage and damage for detentioncase by case.The first case is when the vessel is charter,how to calculate the lay timefor each charterer and how to share the responsibility of demurrage and damage fordetention between among each charterer.The second case is in the voyage charterparty,how to determine the responsibility of demurrage and damage for detention ofconcerned parties.Last but not least,this thesis reminds about the risks in demurrage and damage fordetention based on the above analysis and practices and suggests how to avoid themfrom legal aspects,and also reminds the owner to notice the prescription in claims forindemnity.