| Bareboat Charterparty as an ancient mode of operation of the ship,provides convenience for shipping market funds and technology to complement each and for ships to operate intemationally.In modern shipping practice,Bareboat Charterparty is more treated by the ship owner as a way of investment,which not only solves the shipping capital investment problem,and also adds more vitality to the market economy boom.From the historical development of the Salvage at Sea and the relevant conventions,it is clear that the purpose to determine the maritime relief system is to maintain the safety of maritime navigation by encouraging assistance.To encourage maritime salvage,to maintain freedom of navigation and channel safety align with China’s fundamental interests.However,under the bareboat charter contract,the ship is controlled by the bareboat charterer.The owner of the charterer has ownership but is divorced from the ship and obtains the interests of the ship only in the form of rent.The Bareboat Charterparty ship insured before the rent.If the ship during the bareboat charter has damage,the ship owner will receive insurance claims with no loss.But for the bareboat charterer,its use of the ship possession and the right will be taken away.From the dependence on the value of the use of the Bareboat Charter,the bareboat charterer should be the main body of the salvage compensation.However,the law provides that the owner of the ship is the obligor of the salvage remuneration and provides that the creditor may fulfill the claim by seizing and auctioning the bareboat.Sometimes,to fully protect the interests of the salvors,the court often ordered the bareboat charterer and the owner to bear joint liability.However,there is no registration or legal basis for joint liability of the bareboat charterer and owner.Through the introduction of bareboat charter system and maritime rescue system,this paper analyzed the legal attributes of bareboat charterparty and maritime rescue.By combining the principles of contract relativity,this paper discussed the rationality of the tenant’s cost of salvage relief under the bareboat charter and the scientific nature of the lessor’s responsibility for the salvage.This paper also discussed the improvement of the relevant provisions of China Maritime Law under the balance of interests. |
