On The Legal Issues Concerning Contract Of Affreightment

Contract of affreightment (COA) of goods by sea has been adopted in shipping practice for a long time. However, COA has not been specifically stipulated in China Maritime Code (CMC). The academic opinions on COA have been in disputes. This paper discussed and analyzed the issues concerning COA completely and thoroughly, by virtue of which, the author hopes to clarify opinions on this issues and to perfect the stipulations of the CMC.In prepairing this paper, the author perused many materials and used standard forms of COA for reference. This paper consists five parts: the nature and definition of COA, the application of law to COA, the divided implementation of COA, rights and obligations under COA and suggestions to CMC.COA is a contract of carriage of goods by sea in essence, under which the carrier, during the agreed period, against payment of freight undertakes to carry the goods in agreed amount for divided shipments by the shipper from the agreed loading port to the discharging port. During implementation, the specific voyages should be governed by the agreed voyage chaterparty which is agreed upon between shipper and carrier after the conclusion of COA.COA shall be governed by "Contract of Carriage of Goods by Sea" in CMC chapter 4. The contents, which are not stipulated in CMC, shall be govened by the general principles and chapter 17 of China Contract Law. The stipulations in voyage charter-party shall be deemed as supplementary agreement to COA, which is not a new contract apart from the COA.The object of COA is maritime transportation and the rights and obligations under COA spread around the transportation.