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On the Right to Cancel Voyage Charterparties Before Loading and the Related Problems

Author: ShenZuo
Tutor: WangGenXing
School: Shanghai Maritime University
Course: International Law
Keywords: Cancellation rights Anticipatory breach of contract Fundamental breach Delay in the provision of goods Termination clause
CLC: D913
Type: Master's thesis
Year: 2001
Downloads: 175
Quote: 2
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Abstract

Voyage charter party is a special legal phenomenon in the field of contract. Constitute a more unique and great part of the international maritime law and practice system, while subject to the impact of the adjustment of national contract law and the principle of freedom of contract, therefore, contains many complex legal issues. This paper discusses the focus, voyage charter parties to the contract cancellation rights is one of them. In the same time, the very characteristics of the voyage charter party because the implementation stage before the start of a voyage charter ship heading for the port of loading loading and easier to produce a variety of controversial discussion of this paper is mainly at this stage. Discussed in this article in addition to the general narrative and argumentative mainly compare the similarities and differences between China and the UK law in this area, the former is the domestic law of the country, while the latter, it should be said, due to the well-known variety of reasons, on behalf of the international mainstream views in this area. This paper is divided into five parts, which constitute the main body of the five chapters of this article. The first chapter deals with the basis of English law and the exercise of termination rights under Chinese law. The basis of the contract parties to exercise their cancellation rights under the laws of the two countries can be divided into the legal convention two kinds. The latter comes from the parties to the contract agreed upon in the contract, while the former from the direct provisions of the law. British law and Chinese law, the statutory basis for cancellation rights from fundamental breach of contract or anticipated breach of the party to the contract, but the law of the two countries on this issue still exists is quite different, which inevitably affect a different view of the law in the two countries on the issue of the voyage charter parties to the contract cancellation rights. The second chapter describes the voyage charter, the parties respective obligations under the contract. As a continuum of rights and obligations, it is necessary to understand the voyage charter party the right to terminate the contract of the parties to the contract, must first clear their obligations under the contract. Chapter departure from the content discussed in the previous two chapters, one by one to discuss the relationship between the loaded before the start of a voyage charter parties breach and cancellation rights and Chinese law and English law on the same issue provisions to make comparisons. Overall, when one of the parties in violation of the voyage charter party should fulfill an obligation, whether it would give the other party the right to terminate the contract by the parties, from the big principle, both China and France and the United Kingdom law, breach of contract The severity of the consequences will be the most important factor to consider. However, due to the particularity of the maritime law as well as a voyage charter, the situation is not entirely so. Chapter dedicated to the discussion of a special law, that in the case of the lessee delay or do not provide the intended shipment of the goods, the lessor how to obtain cancellation rights. Under Chinese law and English law applies to each of the principles and provisions of the contract law field to solve this problem are. However, due to the Sino-British bilateral contract law on some of the specific provisions of different ways to solve this problem under the laws of the two countries were also considerable differences. On loading before the start of a voyage charter parties to the contract cancellation rights and related issues Chapter cancellation rights under the convention based on voyage charter parties to the contract. In the field of a voyage charter cancellation rights from the most common and most important contract basis under the termination clause in the contract. It can be said, under English law, this is entirely a matter of contract: understanding about the terms of the actual content, due to the provisions of section 97 of China Maritime Law \The statutory basis. In this chapter, we also discussed a range of issues related to the termination clause.

On the Right to Cancel Voyage Charterparties Before Loading and the Related Problems

Abstract

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