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Research On Legal Problems In Time To Stop Renting Terms

Posted on:2007-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:H M LinFull Text:PDF
GTID:2206360212455670Subject:International Law
Abstract/Summary:PDF Full Text Request
Every time charter party must have an off-hire clause under which the charterer can discharge his obligation of continuous paying hire during the chartering period. Under the English common law, the obligation to pay hire is unabated from the time of the vessel's delivery until the time of her redelivery. The charterer cannot postpone, deduct, reject paying the due hire relying on any reason. That is to say, the charterer shall carry all the risk of time loss during the chartering period alone. But as to the charterer, the object of paying hire is to utilize the ship full efficiency. It's reluctant to paying hire still while the ship is less efficient. To protect his interest, shift the risk of time loss, the charterer turns to the off-hire clause of the time charter party. In practice, the parties of the charter party always argue on the right and obligation arising from the off-hire clause. So it's necessary to understand and construe the clause correctly and properly. This article analyzes the clause on the basis of NYPE chartering form which is most frequently used and contains six chapters.
Keywords/Search Tags:defense rights, delay and detention, allocation of risk, Proximate Cause
PDF Full Text Request
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