On Legal Issues Of Early Redelivery Of Vessel

This paper intends to explore the answers of our national law of early redelivery under the new case-"THE AQUAFAITH". At the same time, this Paper attempts to provide the solutions of this problem and makes suggestions to Chinese ship owners in shipping and judicial practices.Five chapters are included in this paper. In Chapter one, clear and represent the general state of the legal issues of early redelivery and the "THE AQUAFAITH". In Chapter two, analyse the conditions when the shipowners refuse the early redelivery. In Chapter three, explore whether the shipowners must accept the early redelivery or not. In Chapter four, combined with practice, point out how to apply the mitigation rules when early redelivery occur. In Chapter five, comment on "THE AQUAFAITH" in objective views.This paper summarizes the existing rules regarding the early redelivery and expounds the views on difficult problems about the right of cancellation and the mitigation rules in order to propose new ideas to shipping and judicial practices.In my opinion, the shipowners really need not have to accept the early redelivery under the Chinese legal system. In this circumstance, the right of choice of the shipowners gives him a chance to keep the contract going on. At present, these is no legal provisions about the mitigation when the anticipatory breach of contract occurs in China. On this question, I think China should adopt the practice of English law. This is to say, if the shipowners accept the early redelivery, the obligation of mitigation will apply for him; if the shipowners refuse to accept the early redelivery, the obligation of mitigation will not apply for him. But this choose must be reasonable in economy.