资源描述
单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,Specialized English for Maritime Law,(spring term),*the notes below for reference,Section Six,Introduction to,Contract of Carriage of Goods by Sea,-John Wilson.,Carriage of Goods by Sea,(5,th,.,edition),Introduction,Contract of,affreightment,(,in broad sense,),a.,charterparty,/charter;or,b.evidenced by bills of lading,(,in narrow sense,),-COA,包运合同,“,the long-term freighting contract”,Preparation Qs for Part One and Part Four of carriage chapter,typical examples of two basic forms of carriage charter?,distinctions between the above two types of charter,？,characteristics of the demise,charterparty,？,rights,obligations and responsibilities of the time/voyage/bareboat charterer?,the,Charterparty,(C/P),Between,shipowner,and charterer,Free from any statutory interference,(,principle of freedom of contract,),Standard forms,Additional clauses(rider clauses)shall,prevail over,standard clauses,Review Qs,Meanings and forms of a contract of,affreightment,?,Charateristics,of,charterparty,law?,Relationship between standard forms and additional clauses?,Origins and advantages of standard forms?,Why are many of the advantages of these standard forms lost?,Category of,Charterparties,1.Voyage charter(,voy,.,c/p,),Kinds:single/return/consecutive,nature:carriage charter,not lease contract,a typical example:,cif,seller,2.Time charter(Time C/P),Nature:controversial,-,carriage,(,wilson,)?lease?both?,Example:,often used by,carriers,who wish,to augment their fleet,for a particular period of time,without the expense of buying or running the vessel,“,depending upon whether the vessel is chartered for one or more voyages or for a period of time.,In both instances,the,shipowner,retains control of equipping and managing the vessel and agrees to provide a carrying service.,In the case of the voyage charter,he undertakes to carry a cargo between specified points,whereas,in a time charter,he agrees to place the carrying capacity of his vessel at the disposal of the charterer for a specified period of time,.”,3.,Bareboat charter,(demise C/P,C/P by Demise),Nature:lease of a vessel,Example:,who wishes,not only to supplement his fleet w/o the expense of buying the vessel but also to have full control of it,Hire-purchase contract,(by installment),“,Whereas in an ordinary time charter the,shipowner,retains control over the operation of the vessel,under a,demise charter,the charterer displaces the owner and,for the period of the,lease,takes possession and complete control of the ship,the charterer,mans and equips the vessel,acts as owner,for the duration of the charter and,is responsible for,all expenses incurred in the operation of the vessel,”,Thus,a liner Co.as a carrier may be a,shipower,a time charterer,or a bareboat charterer,etc.,4.COA(Contract of,Affreightment,),包运合同,Means that:“,the long-term freighting contract,under which the,shipowner,undertakes to transport,specified quantities of a bulk product,such as coal or grain,between designated ports,in a given time,using,vessels of his own choice,”,参,海商法,5.TCT(Time Charter on Trip Basis),“,the trip charter,which consists of a time charter of a vessel for a specific cargo voyage.Instead of the fixed freight payable per unit of cargo on the completion of a voyage charter,this device ensures that the,shipowner,is paid hire for the entire time spent on the voyage until the cargo has been discharged at its destination,.”,(daily charter),Reason:risk of delay,-,favorable to,shipowner,6.Slot charter,（,箱位租船合同）,“,Slot charters are a comparatively new but,nonetheless,important development in the dry cargo container trade.Dry cargo ships have been adapted for the carriage of container boxes in Twenty Foot or Equivalent Units(,TEUs,)in“slots”or“cells”.Instead of chartering the whole or part of a specific vessel,a container operator will instead book a set number of,TEUs,on sailings by ships of a particular operator,.”-2000 LMCLQ 129,Like voyage c/p(space),Two basic forms of,carriage,charter:,a.Voyage charter;,b.Time charter,Hybrids:,a.TCT(Time Charter on Trip Basis),b.consecutive voyage charter,c.long-term freighting contract,Qs,typical examples of two basic forms of carriage charter?,Characteristics of the demise,charterparty,？,In what circumstances is the demise charter suitable for use?,“Hire-purchase”contract?,Hybrids of two basic charter forms?,Similarities and differences between the consecutive voyage charter and the long-term freighting contract,？,Main distinctions between v,c/p,and t,c/p,distinctions between the above two basic types of charter,？,Rights,obligations and responsibilities of the time/voyage/bareboat charterer?,Whom will the risk of delay fall on(or Who shall bear the risk of delay)under time/voyage charter?,Two basic modes of shipping:,liner shipping&tramp shipping,liner shipping,liner services,liner trade,(,班轮运输,/,定期运输,),tramp shipping,tramp services,tramp trade(,不定期运输,/,租船运输,),Liner Shipping,I,.Concept,means that a vessel is regularly
展开阅读全文