摘要
The completion of entering formalities and obtaining of the entry permission are particularly requested pre-conditions for o-cean-going ships to tender valid notices of readiness in Chinese ports- However, such legal obstacles may probably be circum-vented by shipowners through the application of the concept of damages for detention rather than the commencement of laytime and/or demurrage in case of charterers’ default in designating the berth; moreover, shipowners are warned that if a premature no-tice were tendered prior to completion of formalities, a second and valid notice should be served timely when the ship becomes legally as well as physically ready to load/discharge the contrac-tual cargoes.
The completion of entering formalities and obtaining of the entry permission are particularly requested pre-conditions for o-cean-going ships to tender valid notices of readiness in Chinese ports- However, such legal obstacles may probably be circum-vented by shipowners through the application of the concept of damages for detention rather than the commencement of laytime and/or demurrage in case of charterers' default in designating the berth; moreover, shipowners are warned that if a premature no-tice were tendered prior to completion of formalities, a second and valid notice should be served timely when the ship becomes legally as well as physically ready to load/discharge the contrac-tual cargoes.
出处
《中国海商法年刊》
1997年第1期76-90,共15页
Annual of China Maritime Law
