Study Of The Compensation For Damage Caused By Overlap Redelivery Of Vessel Under Time C/P

Under tramp shipping, the issue of compensation for damage caused by overlap redelivery of vessel is always the focus of discussion and debate in educational circles. And now, almost every country is holding the principle of "freedom of contract" on the time charter issues and following the autonorny of will, which is obviously practical, flexible and complicated and not easy to solve when disputes happening. So there is no exact and unified method to solve that problem because of the contradiction between different counties’ regulations about compensation for damage of overlap redelivery of vessel. However, as the necessary segment under tramp shipping, when the charterer redelivers vessel after the expiration of hire, calculating the damage of overlap redelivery of vessel immediately and accurately can ensure that the ship-owners will get the corresponding compensation and protect themselves from damage. Besides, solving the disputes properly can promote the development of tramp shipping. Therefore, in order to keep balance of the two sides under time charter party and maintain the stability of the trade environment, the paper is based on this topic, using many different sorts of legal research methods, such as multi-angle, multi-level analysis, cases study, logical reasoning, comparative analysis, and classification declaration to analyze the specific issues on damage of overlap redelivery of vessel in details. Then it tries to set up an effective and efficient system to compensate damage of overlap redelivery of vessel and make some suggestions for improving our maritime law.Apart from the introduction, this paper is divided into four parts:Firstly, starting with the basic concept of overlap redelivery of vessel under time charter, the article attempts to investigate the standard of overlap redelivery of vessel, namely the last voyage, not only making it understood more profoundly, but also laying the foundation for the rest content.Secondly, using different reasons of overlap redelivery of vessel as classification standard, this part attempts to investigate the foundation of responsibility of overlap redelivery of vessel and exception from liability profoundly under Chinese and English Law, so it can research the responsibility of overlap redelivery of vessel under different situation in further.Thirdly, the core of the article analyzes the issue of damages of overlap redelivery of vessel from different angles. By introducing the specification of general principles of compensation and regulations on remote damage under Chinese law and English law, this paper establishes the systems of damages of overlap redelivery of vessel and shows the specific method that you should choose to use in a specific situation to solve the problems.Finally, the conclusion part summarizes the frame of this paper and makes recommendations for improving our maritime law on the issues of damages of overlap redelivery of vessel.