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In Partial Fulfillment Of The Requirements For The Degree Of Juris Master

Posted on:2013-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:R H MaFull Text:PDF
GTID:2246330371470992Subject:Law
Abstract/Summary:PDF Full Text Request
At present, there are quite a part of ships operated by the way of Time Charter in the shipping market. A Time Charter party is defined by<Maritime Law> Article129as:"a contract under which the shipowner provides a designated manned ship to the charterer, and the charterer employs the ship during the contractual period for the agreed service against payment of hire.’There are many factors may influence on the actual speed and fuel consumption on the voyage, which can be divided into two kinds of factors, the situation of the ship and natural conditions. The parties will conclude the terms according to their individual needs, which leads to a great variety of the contract terms, but the relevant terms are all concluded around those factors. As a result, the writer chooses to investigate the relevant terms based on these factors. At present, the parties conclude a contract by supplement or modification based on the standard forms of Time Charter Party, such as New York Produce Exchange1993(NYPE1993for short) and BALTIME1974, so the writer decides to provide feasible suggestions by analyzing and amending the relevant terms of these standard forms of contract.In the first chapter, the writer will reveal the difficulty of evaluation of the actual speed and fuel consumption of the ship, as a result, it’s very important to pay attention to those factors. In the second chapter, in order to reveal their defects, the writer will examine the relevant terms ofNYPE1993and BALTIME1974based on these factors, as so as the relief system of the untrue statements. It will be more convenient to investigate each other the liability for breach of contract, so as to the liability for untrue statements. In the last chapter, the writer will find out specific guidance based on every factor.It is very necessary to distinct the liabilities of both parties, we can reach this purpose by supplement or modification the relevant terms based on the factors which influence on the speed and fuel consumption of the ship. The writer wishes the analysis of defects and the suggestions of amendment can do help solving problems.
Keywords/Search Tags:Time Charter Party, Speed of Ship, Fuel Consumption
PDF Full Text Request
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