滞期费相关问题研究.docVIP

摘 要 滞期费的法律纠纷是航次租船合同纠纷中最常见的一类。本文着眼于滞期费法律纠纷所涉及的滞期费的定义、法律性质、计算、支付、索赔时效五个重要方面，结合英国典型判例和我国案例，深入研究航次租船合同中滞期费法律问题并提出对相关问题的看法和建议。 本文除引言和结论外，共分为五章。 是滞期费的定义及法律性质。滞期费是承租人无论什么原因，对不履行在约定装卸时间内装货、卸货的违约行为负责而向船东支付的一笔款项，除非在合同中有免责条款或者是由船东造成的，或者是因为他对其负责的人造成的。滞期费属于约定损害赔偿。 申请法院扣押货物ABSTRACT Demurrage legal dispute is one of the most frequent occurrences in disputes of voyage charterparty. This article focuses on the five important aspects of demurrage legal dispute, which involved in the definition of demurrage, legal nature, calculation, payment, limitation of claim. Combining the typical judicial precedents of United Kingdom and cases of China, deeply study demurrage legal issues in voyage charterparty and raise opinions and suggestions related to this issues. Besides the introduction and conclusion, this article is divided into five chapters. Chapter one: Definition and legal nature of demurrage. Demurrage is a sum of money, which is paid to the shipowner by charterer who is responsible for the breach that do not perform at the agreed laytime of loading, discharging for whatever reason, unless there are exemption clauses in the charterparty or is caused by the fault of shipowner, or caused by those for whom he is responsible. Demurrage is liquidated damages. Chapter two: the differences between demurrage and damage for detention. From four aspects that are definition, the legal nature, causes, elements of proof, specifically explain the differences btween demurrage and damage for detention. Chapter three: Calculation of demurrage. The author argues, in most cases the beginning of calculation of demurrage is the expire of the fixed laytime, the termination of calculation commonly in time of completion of loading and discharging, but if breach be accepted and caused disruption throughout the contract, and also end calculation of demurrage. Chapter four: Payment of demurrage. The subject of payment of demurrage includes charterer, shipper, consignee, but there is uncertainties, the aut