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租船实务与法律
《租船实务与法律(英文版)/双语教材》集租船实务和法律于一体,分别阐述了有关租船运输的基础知识、租船合同的订立程序、租船市场概况、并以标准航次租船合同(GENCON),标准定期租船合同(NYPE、BALTIME)以及标准光船租赁合同(BARECON)等格式为例,阐述不同类型租船合同的主要条款和内容,并针对租船合同下签发提单的有关法律问题进行探讨。
《租船实务与法律(英文版)/双语教材》可作为海商法、外贸运输、航运管理等专业本科生及教师的教材或参考书籍,对从事租船运输实务、货运代理与无船承运业务、船舶代理业务、海上保险、国际贸易以及司法实践的相关人员和公司亦有一定的参考价值。
Chapter 1 General Introduction
Section 1 General Introduction of Tramp Shipping (I) 1.1 What is tramp shipping? 1.2 Characteristics of tramp shipping 1.3 Kinds of tramp shipping Section 2 General Introduction of Tramp Shipping (II) 2.1 What is chartering? 2.2 Different kinds of chartering 2.3 Differences between time charter and voyage charter Section 3 Charter Party 3.1 The meaning of charter party 3.2 Voyage Charter Party 3.3 Time Charter Party 3.4 Bareboat Charter Party Section 4 Entering into C/P & Standard Form 4.1 Making of C/P: chartering broker 4.2 Forms of C/P Section 5 Law and Shipping Customs Relating to Charter Parties 5.1 Application of Chinese Maritime Code 5.2 International Shipping Practices Section 6 Chartering Market 6.1 Purpose on learning the chartering market 6.2 Kinds of freight markets Chapter 2 Voyage Charter Party Section 1 Representations under Voyage Charter Party 1.1 Introduction 1.2 Representations and misrepresentations Section 2 Main Provisions on Representation Section 3 Preliminary Voyage & Loading/Discharging 3.1 Preliminary voyage 3.2 Loading/discharging clause Section 4 Duties of the Charterer to Provide Cargo 4.1 Sorts of cargo 4.2 Quantity of cargo 4.3 Specified duties of the charterer Section 5 Laytime/ Demurrage/ Dispatch Money (I) 5.1 Understanding of Laytime 5.2 Definition of"days" as laytime Section 6 Layfime/ Demurrage/ Dispatch Money (II) 6.1 Commencement and end of laytime 6.2 Problems arising from berth contract Section 7 Laytime/Demurrage/Dispatch Money (III) 7.1 Definition of Demurrage/Dispatch Money 7.2 Calculation Section 8 Other Clauses under GENCON 1994 8.1 Responsibilities and exceptions of shipowner 8.2 Deviation clause 8.3 Lien clause/cesser clause Section 9 Law and Arbitration Clause 9.1 General introduction of law and arbitration clause 9.2 CMAC model arbitration clause Chapter 3 Time Charter Party Section 1 Representation under Time C/P 1.1 Nature of time charter party 1.2 Definition of key words and terms 1.3 Representation Section 2 Shipowners/Charterers to Provide 2.1 Importance of the clause of shipowner/charterer to provide 2.2 Shipowners to provide 2.3 Charterers to provide Section 3 Period of Hire 3.1 Introduction 3.2 Standard form 3.3 Usual clauses on period of hire Section 4 Delivery of Vessel 4.1 Date, place and condition of delivery 4.2 Place of delivery 4.3 Condition of delivery Section 5 Redelivery of Vessel 5.1 Introduction of redelivery of vessel 5.2 Time ofredelivery 5.3 Conditions of redelivery 5.4 Ordinary tear and wear 5.5 Legal effect Section 6 Payment of Hire 6.1 Standard clause 6.2 Common terms in practice Section 7 Withdrawal of Vessel 7.1 Condition of withdrawal 7.2 Limits to exercise withdrawal 7.3 Legal effect of withdrawal 7.4 Waiver of right to withdraw Section 8 Off-hire 8.1 Standard clauses on off-hire 8.2 Common provisions of off-hire Section 9 Responsibilities and Obligations of Shipowners 9.1 Initial seaworthiness 9.2 Maintenance seaworthiness 9.3 Shipowners to provide 9.4 Reasonable dispatch 9.5 Customary assistance Section 10 Responsibilities and Obligations of Charterers 10.1 Charterers to provide 10.2 Safety of port/berth 10.3 Definition of safe port 10.4 Scope of safe port 10.5 When to warrant the safety of port? Section 11 Exception Clause 11.1 Exception clauses under standard forms 11.2 Common nature of exception clauses Section 12 Employment and Indemnity Clause 12.1 Employment and indemnity clause under standard forms 12.2 Chinese law on the issue of employment and indemnity 12.3 Problems under supervision of master 12.4 Who shall be responsible for damages caused by the stevedore? Section 13 Trading Limits Clause 13.1 Trading limits clause under standard forms 13.2 Chinese law on the issue of trading limits 13.3 Understanding of trading limits clause Section 14 Lawful Merchandise Clause 14.1 Lawful merchandise clause under standard forms : 14.2 Chinese law on the issue of lawful merchandise 14.3 Understanding of lawful merchandise clause Section 15 Sub-let Clause 15.1 Sub-let clause under standard forms 15.2 Understanding of sub-let clause Chapter 4 Bareboat Charter Party Section 1 Delivery Clause 1.1 Definition of bareboat charter party 1.2 Main provisions of bareboat charter party under BARECON 1.3 CMC provision on the delivery of vessel Section 2 Inspection Clause Section 3 Maintenance and Operation Clause 3.1 Maintenance and operation clause under BARECON 3.2 CMC provision on maintenance and operation Section 4 Hire Clause 4.1 Hire clause under BARECON 4.2 Problems in practice 4.3 Chinese law on payment of hire Section 5 Mortgage Clause 5.1 Mortgage clause under BARECON 5.2 CMC provision on mortgage Section 6 Insurance and Repairs 6.1 Insurance clause under BARECON 6.2 Chinese provisions on insurance Section 7 Redelivery Clause Section 8 Non-lien Clause 8.1 No possessory lien or maritime lien 8.2 Notice fastened on board 8.3 The indemnity clause 8.4 Security 8.5 CMC provision on the effect of non-lien clause Section 9 Lien and Wreck Removal Clause 9.1 Lien clause 9.2 Wreck removal clause Section 10 Assignment and Sub-demise Clause 10.1 Assignment & sub-demise clause under BARECON 10.2 Chinese law on the issue of assignment and sub-demise Section I 1 Bareboat Charter Party with Hire Purchase Clause 11.1 Transferring title of property and risks 11.2 Risks and expenses for sale of ship 11.3 Taxes and charges under purchasing contract 11.4 Costs for dispatch of crew Chapter 5 Bill of Lading under Charter Party Section 1 General Introduction 1.I Bill of lading issued under C/P 1.2 B/L under C/P and ordinary ocean B/L 1.3 Differences between B/L under C/P and ordinary ocean B/L 1.4 Identify B/L under C/P and ocean B/L Section 2 Incorporation Clause 2.1 Incorporation clause and B/L under C/P 2.2 Understanding of incorporation clause and its validity 2.3 Which contract may be incorporated into B/L 2.4 Common incorporation clauses 2.5 Problems on incorporation of arbitration clause Section 3 B/L clauses under C/Ps 3.1 B/L clause under voyage charter party 3.2 B/L clause under time charter party & bareboat charter party 3.3 Few situations of refusing to sign B/L 3.4 Meaning of"Without prejudice to Section 4 Identifying the Carrier and Demise Clause 4.1 Identify the carrier in case of B/L under C/P 4.2 Demise clause References Author's Note
《租船实务与法律(英文版)/双语教材》:
4.2 Quantity of cargo It is the liability of the charterer to provide the nominated intended cargo and the charterer also shall provide enough cargo as agreed in the contract.Otherwise, the charterer may pay dead freight for shortage of providing.So generally in the charter party, whenever we talk about the quantity of the cargo, about the duty of providing of the charterer, it says the charterer shall provide, for example, 100, 000 tons grain and it should be a full and complete cargo more or less. Full and complete cargo (满舱满载货物) So we may find the following descriptions concerned with this point. —full and complete cargo xxx tonnage more or less at shipowner's option/charterer's option —full and complete cargo xxx tonnage, not exceeding xxx tons, not less than xxx tons So here whatever the kind of the words are used, they all mentions "full and complete cargo",among which "full" means full cargo describes its nature from the space, for the charterer must provide as much cargo as the space capacity of the vessel may reach.While the "complete" cargo just describes the nature of the deadweight capacity, that is, the vessel's deadweight capacity is fully used up to the maximum. Stowage factor (积载因素) When quantities are stated during the negotiations, in the charter agreement and in instructions, the type of ton referred to should always be explicitly mentioned.It is thus not sufficient to say, for instance, 5,000tons.It must also be stated what kind of tons are meant—metric tons, long tons, etc.This can also be important when the stowage factor is used. ……
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