Research On The Issue Of The Shipowner's Right To Withdraw Under The Rent Payment Clause Of The Time Charter Contract

This paper focuses on the issue of the owner's right to withdraw prescribed by the payment of hire clause under the time charter.The nature of the payment of hire clause and the nature of the right to withdraw will be discussed by analyzing and comparing the judicial practices both in China and the United Kingdom in order to provide suggestions for the revision and improvement of Maritime Law in our country.The body part of this paper is divided into four parts which includes:The first part discusses issues that are related to payment of hire clause.By analyzing the relevant factors that may affect the classification,this paper concludes that the payment clause under the time charter is an intermediate clause.The second part compares the difference between the owner's right to withdraw under the law of China and the United Kingdom.The nature of the owner's right to withdraw in British law is the termination right authorized by charter party.However,the nature of the owner's right to withdraw under China Maritime Law is the termination right which is not only contractual but also statutory.The third part is about the exercise of the right to withdraw which includes issues related to the notice of withdrawal,the anti-technical clause,waiver of the right to withdraw as well as the effect of withdrawal in juridical practices.The fourth part is to analyze the Article 140 prescribed by the Maritime Law of China and conclude the questions that arise from the application of Article 140.By learning from the relevant experiences in the judicial practices of the British Maritime Law,this paper is aiming to provide suggestions for the revision and improvement of Maritime Law of China.