海上货物运输合同(英文课件).ppt

Specialized English for Maritime Law (spring term) zhuanying07@yeah.net *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? 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)  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, noneth