A Study On The Legal Nature Of The Contract Of Lease

With the continuous implementation of the Belt and Road Initiative and status improvement of Shanghai International Shipping Service Center in the world, China has been achieving constant progress in maritime shipping business with other countries, which requires deeper study in relating areas. Time Charter on Trip basis(TCT), which integrates Voyage Charter and Time Charter Party, has been widely applied in practice. However, the nature of TCT, whether it belongs to Voyage Character or Time Charter Party, has remained controversial all the time in academic circle. What is more, in other scholars’ point of view, TCT should be classified as a solitary type and stipulated independently in Maritime Law.The thesis believes that TCT mainly includes general clauses, lease term clauses, voyage description clauses and rent payment clauses etc. on basis of deep analysis and research in the conception, characteristics, contents and relating law issues of TCT. By comparing these clauses with the corresponding ones of Voyage Charter and Time Charter Party, the thesis points out that the distinctiveness TCT contents embody cannot be classified as a kind of Voyage Charter or Time Charter Party. As regards to The Aragon Case, TCT shall not belong to Voyage Charter; while according to The Temple Case, TCT shall not belong to Time Charter Party. The reason lies in its different clauses, especially for TCT core clauses, the shipping description clauses, vary tremendously from each other. Therefore, it does not have general standard contract or clauses.Therefore, the thesis believes that the law nature of TCT cannot be judged universally, instead, it should be judged according to the clear and definite description of voyage in each concrete contract. If the voyage description is concrete and definite, which is unique in the performance of contract, TCT would be regarded as a kind of special Voyage Charter and the renter cannot change the voyage settled unilaterally. If the voyage description is vague and broad, TCT shall be regarded as a kind of special Time Charter Party and the renter is privileged to change voyage based on the reality without assuming default responsibility.Lastly, the latest revision of New York Produce Exchange Time Charter(NYPE) regards TCT as a kind of Time Charter Party, which may become a trend in the future.