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出版者:Sweet & Maxwell

作者:G.H. Treitel

出品人:

页数:709

译者:

出版时间:2005-9-23

价格:0

装帧:Hardcover

isbn号码:9780421877009

丛书系列:

图书标签:

• Bills of Lading
• Shipping Law
• International Trade
• Commercial Law
• Maritime Law
• Carriage of Goods
• Documentary Sales
• Letters of Credit
• Incoterms
• Risk Allocation

The Maritime Contract: A Deep Dive into Charterparties and Bills of Lading in Global Trade Focusing Exclusively on Chartering Practices, Voyage Execution, and the Legal Framework Governing Ship Leases, This Volume Offers a Comprehensive Analysis Independent of the Specific Textbook "Carver on Bills of Lading." This authoritative text offers a rigorous examination of the intricate legal and practical landscape surrounding maritime contracts of carriage, with a specific and sustained focus on time charters, voyage charters, and the operational realities of global shipping—areas distinct from the detailed mechanics of the Bill of Lading document itself. Through meticulous case analysis and statutory interpretation, this book serves as an indispensable guide for chartering professionals, maritime lawyers, shipowners, charterers, and insurers seeking a profound understanding of the duties, rights, and liabilities inherent in leasing a vessel for a specific commercial purpose. Part I: The Architecture of Chartering Contracts The initial section establishes the foundational differences between the primary forms of charterparty—time, voyage, and demise (bareboat) charters—analyzing how the allocation of risk and control shifts dramatically between these models. We meticulously dissect the structure of standard charterparty forms, including BIMCO's recognized agreements (such as the NYPE 2000, Baltime 1939, and Voywar 1993), detailing the critical clauses that define the commercial bargain. Chapter 1: Distinguishing Charter Types and Governing Law This chapter systematically contrasts the legal implications of hiring a vessel for a period of time (time charter) versus hiring it for a specific journey (voyage charter). It explores the concept of perdurant liability in time charters versus the ad rem liability in voyage charters, emphasizing how the governing jurisdiction (English law, New York law, or others) shapes the interpretation of ambiguous terms, particularly regarding off-hire periods and laytime calculations. Chapter 2: The Criticality of Vessel Description and Condition A significant portion of this analysis is devoted to the warranties of seaworthiness and fitness for the intended voyage. We examine the nuances of the owner's continuing obligation to maintain the vessel under a time charter, differentiating between latent defects existing at delivery and damage occurring during the charter period. The impact of the implied warranty of seaworthiness under voyage charters (often subject to the terms of the Hague-Visby Rules if incorporated) is contrasted sharply with the express or implied obligation concerning the vessel’s trading limits and readiness for cargo. Detailed case law illustrates scenarios where failure to meet these conditions triggers the right to cancel or claim damages, entirely independent of the carriage document issued post-loading. Chapter 3: Demise Charters: The Transfer of Possession and Control The demise charter is treated separately, focusing on the near-complete operational transfer to the charterer. This section analyzes the complex legal status of the Master and crew under a demise agreement, often approaching a relationship akin to a sale or lease of chattel, and the resultant shift of responsibility for navigation and maintenance entirely onto the demise charterer. Part II: The Engine Room of Chartering: Performance and Operational Liabilities Part II transitions from contractual formation to the day-to-day execution of the charter agreement, focusing on operational obligations that determine economic success or failure. Chapter 4: Laytime, Demurrage, and Despatch: The Currency of Delay This chapter provides an exhaustive analysis of laytime calculation in voyage charters. It explores the intricacies of "weather working days," "port working days," and the application of various laytime exceptions (e.g., holidays, strikes, breakdown of shore equipment). Case studies illuminate the often-contentious issues surrounding "time lost waiting for a berth" versus "time lost waiting for the cargo," and the critical importance of accurate notices of readiness (NORs). Furthermore, the mechanism for calculating and recovering demurrage—the financial consequence of delay beyond the agreed laytime—is examined in depth, including the defense mechanisms available to charterers against demurrage claims. Chapter 5: Cargo Operations: Loading, Stowage, and Care While this text deliberately avoids extensive discussion of the Bill of Lading’s function as a receipt, it thoroughly addresses the rights and responsibilities concerning the physical handling of the cargo under the charterparty. We explore the division of responsibility for loading and discharging (F.I.O. vs. Liner Terms), the charterer’s duty to present the cargo promptly, and the owner’s obligation regarding proper stowage to ensure the safety of the vessel and the cargo integrity, even when the physical act of stowage is performed by stevedores appointed by the charterer. Chapter 6: Safe Port and Safe Berth Warranties A cornerstone of charterparty litigation, this section dissects the evolving standards required of a charterer in nominating a port or berth. It differentiates between the warranty of a physically safe port (one that is safe in the physical conditions existing at the time of arrival) and a legally safe port (one free from political or bureaucratic obstruction). Analysis covers "once safe, always safe" principles and the impact of charterer knowledge when ordering the vessel to a location that becomes dangerous after nomination but before arrival. Part III: Financial Mechanisms and Termination Rights The final part focuses on the financial levers and remedies available when a charterparty relationship breaks down or when financial obligations are unmet. Chapter 7: Hire Payment, Off-Hire Clauses, and Set-Off In time charters, the timely payment of hire is paramount. This chapter details the strict conditions under which owners may withdraw the vessel for non-payment, particularly under the scrutiny of English common law regarding the absolute nature of the hire payment obligation. We analyze the complex interplay of the off-hire clause, examining scenarios such as machinery breakdown, grounding, or necessary dry-docking, and how these events legally suspend the charterer’s obligation to pay hire, offering a critical counterpoint to the owner's continuing vessel availability. Chapter 8: Indemnities, Liens, and Security This section concentrates on the powerful security mechanisms available to shipowners within the chartering context. It provides an in-depth study of the Master’s right to exercise a lien for unpaid freight or demurrage under a voyage charter, analyzing the limitations imposed by various charter forms and the distinction between a lien on the cargo and a lien on sub-freights. Furthermore, the scope and enforcement of owner’s indemnity clauses—protecting the owner against liabilities arising from the charterer’s dangerous cargo instructions or breach of warranties—are explored, emphasizing the practical enforceability of these contractual safeguards without recourse to the negotiable instrument of carriage. Chapter 9: Termination, Breach, and Damages Assessment The concluding chapter addresses the remedies for repudiatory breach. It contrasts the owner’s right to withdraw the vessel following a serious breach by the charterer (e.g., late hire payment, deviations outside agreed trading limits) with the charterer’s right to cancel due to the owner’s failure to present a seaworthy vessel or meet delivery schedules. The assessment of damages in these volatile commercial settings—including the calculation of lost hire profits versus the costs of securing substitute tonnage—forms the capstone of this practical guide. This volume is designed not merely as a recitation of legal rules but as a toolkit for navigating the high-stakes environment of global chartering, providing rigorous, context-specific analysis of the lease agreements that underpin seaborne commerce.

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