The Conflict And Coordination Between Contract Law And Maritime Law On The Charter Party

With China's access to the WTO, Chinese shipping business has been flourishing. As one of the commodity transportation means, the tramp shipping is used more and more frequently. In the tramp shipping, the shipowner hires some specified boats or cabins from the charterer under certain terms. These terms regulate the reciprocal rights and obligations between the shipowner and the charterer. Charter party consists of such terms. Several laws and regulations apply to the charter party. Among them, Contract law & Maritime law are the most important. How to carry on these laws and regulations is the main topic of this dissertation. The author hopes that it can do some help to the shipping practice. This article is divided into four parts.The first chapter is about the legislation applicable to the charter party. First of all, the author briefly introduces the relevant stipulation about the charter party. Afterwards the author analyzes the nature of the charter party in the contract law. Finally on above base the author discusses how to apply Contract law to the charter party. The tramp shipping and the liner shipping are the two means in maritime transportation. The charter party is the contract that is signed in the tramp shipping. It may be divided into three types: voyage charter party, time charter party and bare boat charter party. The author draws the conclusion with proof that these three kinds of contracts were living different nature in the contract law. The author takes the voyage charter party as a pure commodity transportation contract, the time charter party as an untypical contract and the bare boat charter party as the wealth-leasing contract in the contract law. Stipulations of Contract law that applicable to charter party also differ among different charter party. Contract law can be applicable to the coastal voyage charter party while Maritime law can't. Maritime law and Contract law are both applicable to the international voyage charter party, and maritime law is prior to Contract law herein. As the time charter party is an untypical contract, the rules of similar typical contract together with the general principles of contract law are applied. Bare boat charter party applies to the stipulations on the wealth leasing in contract law.The second chapter discusses the format of a charter party, the nature of the procedure when a charter party is made and the contents of a charter party. The charter party ought to be made in written forms in accordance to the Maritime law. Yet if it didn't made in written forms,it wasn't absolutely void according to Contract law. In case the party concerned fulfilled the main obligations and the other party received, that contract is established. Except for the kinds enumerated in Maritime law, the contents of written forms in charter party still ought to consist of electron data and electronic mail, which are stipulated in Contract law. The process to make a charter party consists of enquiry, offer, counter-offer and acceptance. Standard charter party form is not the standard clause in the contract law, but one kind of demonstration contract. It just supplies the two parties concerned a reference mode. So standard charter party form is not applicable to the stipulations on standard clause in Contract law.The third chapter discusses two problems. One is the payment duty of loading and discharging costs. The other is some legal questions arising from delivery and redelivery of the vessels. Loading and discharging costs clause differs from each other in contents. The often used loading and discharging costs clause are liner terms, free in clause, free out clause, free in and out clause, free in, out, stowed and trimmed clause. When signing the trade contract, the parties ought to guarantee the trade terminology is unanimous to the loading and discharging costs clause in order to avoid one party in the contract undertaking dual responsibilities. As to delivery and re-delivery of vessels, canceling date should be noticed. When delivering the shi...