The writer treats the off-hire clause "inserted" by charterers into time charter as a clause for distributing the risk of time loss between charterers and owners during the terms of charter, upon which chart...The writer treats the off-hire clause "inserted" by charterers into time charter as a clause for distributing the risk of time loss between charterers and owners during the terms of charter, upon which charterers aim to relieve his absolute obligation to pay hire continuously throughout the charter period,and analyses its practical characteristics.The paper also maintains that whether the clause operates is entirely dependent on three key preconditions,that how the period of time off-hire is calculated is relevant to the wording of the clause,and that the Article 133 of CMC is similar to Article 15 of NYPE,thus it shall be regarded as the "net loss of time" off-hire clause. By virtue of legislative spirit which the Code shall operate in conformity with the international maritime customs and practices, the paper hereby suggests that the English and American authority on this clause shall be applicable to the Article展开更多
当事人以Shell LNG Time 2格式为基础订立合同的过程充分体现了缔约自由原则和当事人的缔约水平,同时也带来了争议.本篇论文通过对Shell LNG Time 2的新增合同内容及修订合同条款进行分析研究,阐释专业审核和检查制度的规定、海外贸易...当事人以Shell LNG Time 2格式为基础订立合同的过程充分体现了缔约自由原则和当事人的缔约水平,同时也带来了争议.本篇论文通过对Shell LNG Time 2的新增合同内容及修订合同条款进行分析研究,阐释专业审核和检查制度的规定、海外贸易控制条款、货物管理和底脚货测量条款以及蒸发气压力变化等综合条款的正确含义,对合同修订条款部分的内容及形式进行梳理,从而消除应用中的歧义,为从事租船事务以及国际贸易人事提供有益的帮助,在同外国公司交易的时候规避风险,创造效益.展开更多
文摘The writer treats the off-hire clause "inserted" by charterers into time charter as a clause for distributing the risk of time loss between charterers and owners during the terms of charter, upon which charterers aim to relieve his absolute obligation to pay hire continuously throughout the charter period,and analyses its practical characteristics.The paper also maintains that whether the clause operates is entirely dependent on three key preconditions,that how the period of time off-hire is calculated is relevant to the wording of the clause,and that the Article 133 of CMC is similar to Article 15 of NYPE,thus it shall be regarded as the "net loss of time" off-hire clause. By virtue of legislative spirit which the Code shall operate in conformity with the international maritime customs and practices, the paper hereby suggests that the English and American authority on this clause shall be applicable to the Article
文摘当事人以Shell LNG Time 2格式为基础订立合同的过程充分体现了缔约自由原则和当事人的缔约水平,同时也带来了争议.本篇论文通过对Shell LNG Time 2的新增合同内容及修订合同条款进行分析研究,阐释专业审核和检查制度的规定、海外贸易控制条款、货物管理和底脚货测量条款以及蒸发气压力变化等综合条款的正确含义,对合同修订条款部分的内容及形式进行梳理,从而消除应用中的歧义,为从事租船事务以及国际贸易人事提供有益的帮助,在同外国公司交易的时候规避风险,创造效益.
