Involved In The Charter Contract "rent" The Terms Of Legal Research

Because of its most economical, safe and environmental protection, the carriage of goods by sea has always been considering to be the best way to transport lot cargo in the global economic and trading fields. Without ocean transportation, we can't do business with foreign countries in other continents. With the economic development and the globalization ,the carriage of goods by sea will continue to be a positive factor contributing to the world's economy. As one kind of the ocean transportation, the time chartering belongs to tramp shipping. In the time charter, the shipowners is placing his vessel for an agreed period at the disposal of the charterer who is free to employ it for his own purposes within the permitted contractual limits which is more convenient to charterer compared with liner shipping. As both parties perform their obligations according to a charter party, it is necessary to analyse and study the terms of charter party. It is well known that the terms of hire is one of the most important terms in the charterparty. And in practice, there are many arguments relating to the hire such as the payment of hire, the deduction of hire, off-hire, withdrawal of vessel for non-payment. That's why the author decided to study those terms in this thesis and she also hopes the thesis is helpful to dealing with such arguments in practice and the parties can realize and balance the profit from the charterparty.The thesis is composed of five chapters. Chapter one is to study the concept of "hire" in a charterparty. The author compares it with the general hire and freight in order to show its characteristics which are different from them. Chaper two is the outline of chartparty and terms of it. It referes to two kinds of chartparties which are the time charter and the bareboat charter. And the author introduces their concept and qualities. Furthermore, the author also introduces the standard forms of them which are NYPE 93',BALTIME 1939'(as revised 2001) and BARECON 89'. Chapter three refers to the payment of hire and refund of hire. Chapter four refers to the items of deduction of hire including advances, domestic fuel, estimated redelivery bunkers, the speed claim and off-hire. Chapter five refers to the right of withdrawal and liens for non-payment.