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Relevant bibliographies by topics / Bareboat charter

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Academic literature on the topic 'Bareboat charter'

Author: Grafiati

Published: 4 June 2021

Last updated: 4 February 2022

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Journal articles on the topic "Bareboat charter"

1

Pijaca, Marija, and Nikola Mandić. "Bareboat Charter Registry." Transactions on Maritime Science 5, no. 1 (April 20, 2016): 48–52. http://dx.doi.org/10.7225/toms.v05.n01.006.

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The purpose of this article is to establish the concept of the bareboat charter registry and draw attention to a few significant international conventions that govern certain aspects of the bareboat charter registry. Also, the purpose is to present models which various countries apply to regulate the registration of vessels during the bareboat charter and analyse the contents of the provisions of the bareboat charter that regulate the relations between the contracting parties who wish to have the vessel registered in the bareboat charter registry. BIMCO’s Standard Bareboat Charter, also known under the code name BARECON 2001, will be used to lay out the provisions applicable to vessels registered in the bareboat charter registry.

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Gutsulyak, Vasiliy N. "The Types of the Charter-Parties in International Commercial Shipping." Proceedings of the Institute of State and Law of the RAS 14, no. 4 (October 9, 2019): 108–30. http://dx.doi.org/10.35427/2073-4522-2019-14-4-gutsulyak.

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One of the most important tools for the use of sea and river vessels for the carriage of goods is a contract of affreightment (charter party). Under the terms of the charter-party, one party (the shipowner) transfers the vessel or part of its premises to the other party (the charterer) for the established remuneration (the freight).Despite the fact that charter-parties have long been used in the practice of shipping, however, today both in doctrine and in practice there is no unified approach to their classification and understanding of their legal nature.According to the author, at present all charter-parties can be divided into three main types: voyage-charter, time-charter and bareboat-charter (demise-charter). Attempts by some domestic and foreign scholars to identify other types of charter-parties, such as daily-charter, slot-charter, etc., are unreasonable, since other types of charter-parties do not have their own value and are essentially only special cases or combinations of the three above types of charter-parties.A voyage-charter is essentially a contract for the carriage of goods by sea with a stipulation to provide an entire ship, or a part of ship, or specified compartments of a ship for the carriage of goods between ports. The shipowner in this case retains full control over the vessel without any exceptions in favor of the charterer.Under the time-charter the shipowner undertakes to provide the charterer with the vessel and the services of the ship’s crew members for use for a certain period for the carriage of goods, passengers or for other purposes of merchant shipping for a specified remuneration (freight). If the ship is chartered for the carriage of goods, then we are dealing with a contract of the sea carriage. If the vessel is chartered for other purposes, such as marine scientific research, etc., then the time-charter party is a special type of contract (suigeneris).A bareboat charter party is a hiring of the ship alone without crew. Bareboat charter party and demise charter are actually equivalent concepts, if there are differences between them, they are minimal. Their legal nature is absolutely the same, which is based on the transfer of the vessel for a certain period in the full and undivided possession of the charterer.

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3

Ademuni‐Odeke. "The national and international legal regime of bareboat charter registrations." Ocean Development & International Law 28, no. 4 (January 1997): 329–67. http://dx.doi.org/10.1080/00908329709546109.

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Daniil, Georgios, and Panagiotis Saviolakis. "Importance of Parallel - Bareboat Charter Registration and Its Connection with Marine Insurance." TransNav, the International Journal on Marine Navigation and Safety of Sea Transportation 14, no. 4 (2020): 953–60. http://dx.doi.org/10.12716/1001.14.04.21.

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Ademun-Odeke. "An Examination of Bareboat Charter Registries and Flag of Convenience Registries in International Law." Ocean Development & International Law 36, no. 4 (October 2005): 339–62. http://dx.doi.org/10.1080/00908320500308726.

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6

MARKALOVA, N. G. "PROBLEMS RELATED TO THE CONTRACT OF CARRIAGE OF GOODS BY SEA." Civil Law Review 20, no. 6 (February 20, 2021): 18–29. http://dx.doi.org/10.24031/1992-2043-2020-20-6-18-29.

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This article is dedicated to the memory of Doctor of Law, professor Makovskiy A.L. under whose guidance the author prepared her thesis for Ph.D in Law. The author recollects years of work in the Division of international private, Soviet and foreign maritime law of the institute “Soyuzmorniiproekt”, which was governed by A.L. Makovskiy and outlines the achievements of Alexander Lvovich in the area of maritime law. The article addresses issues regarding the notion of a contract of carriage of cargo by sea, which up to the present moment give rise to discussions in legal community. Distinctive features of two types of contracts of carriage of cargo by sea are pointed out: charter contract made as a general rule in case of tramping and contract of carriage of cargo by sea in line traffic under a bill of lading. The author distinguishes legal relations in case of carriage of cargo by sea from legal relations in case of freight of a sea vessel demonstrating their different legal nature. Attention is paid to the fact that the contract of carriage of cargo by sea corresponds to Chapter 40 of the Civil Code of the Russian Federation “Carriage” and the contract of freight of a vessel for a certain time (time-charter) and a contract of freight of a vessel without a crew (bareboat charter) correspond to Chapter 34 of the Civil Code of the Russian Federation “Lease”. Based on judicial and arbitration practice the article shows the difficulties of perception of Article 787 of the Civil Code of the Russian Federation “The Contract of Freight” and points out the need for changing its contents.

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7

Suk, Kwang-Hyun. "Matters Governed by the Law Applicable to Ship Insurance Contracts (Issue of Inclusion α Exclusion of Deposit into Court and of Agency and the Law Applicable to Bareboat Charter and Unjust Enrichment." Kyung Hee Law Journal 56, no. 1 (March 30, 2021): 2145–189. http://dx.doi.org/10.15539/khlj.56.1.5.

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8

Gilabert Gascón, Albano. "Insurance related problems in bareboat charter agreements." Journal of Shipping and Trade 6, no. 1 (August 2, 2021). http://dx.doi.org/10.1186/s41072-021-00093-3.

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AbstractIn 2017, the majority of the United Kingdom Supreme Court held in its judgment in the Gard Marine and Energy v China National Chartering (The Ocean Victory) case that, in bareboat charters under the ‘BARECON 89’ form, if both the owner and the charterer are jointly insured under a hull policy, the damages caused to the vessel by the charterer cannot be claimed by the insurer by way of subrogation after indemnifying the owner. The interpretation of the charter party leads to the conclusion that the liability between the parties is excluded. Faced with the Supreme Court’s decision, the Baltic and International Maritime Council (BIMCO) adopted a new standard bareboat charter agreement only a few months later, the ‘BARECON 2017’ form, which amends, among other clauses, the one related to insurance. The present paper analyses (i) the new wording of the clause mentioned above and (ii) its incidence on the relationship between the parties of both the charter agreement and the insurance contract and its consequences for possible third parties. Despite BIMCO’s attempt to change the solution adopted by the Supreme Court and his willingness to allow the insurer to claim in subrogation against the person who causes the loss, the consequences, as it will be seen, do not differ much in practice when the wrongdoer is the co-insured charterer. On the contrary, when the loss is caused by a time charter or a sub-charter, in principle, there will be no impediment for the insurer to sue him.

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Dissertations / Theses on the topic "Bareboat charter"

1

Lindström, Thomas. "Förbud mot dubbelregistrering av fartyg." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-15642.

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In a recently published official Report from the Swedish Government (SOU 2010:73) a leg- islative proposal has been introduced. Its main purpose is to prevent parallel registrations of ships that are bareboat chartered to other countries. The legislative proposal claims that by preventing parallel registration of ships the Swedish Maritime Code will better corre- spond with the UN convention on the law of the sea. The UN convention on the law of the sea clearly states that ships are forbidden to fly two flags. There is however no restriction concerning parallel registration, simultaneously, in two registers. A ship that is bareboat chartered out from Sweden does not fulfil criteria re- quired in order to be deregistered, according to the Swedish maritime code. In matter of fact ownership remains unchanged in a bareboat procedure. The situation leads to parallel registration, and uncertainty can arise regarding which country has full state control over the ship. This may cause problems, and should be dealt with. There are however more ap- propriate ways of dealing with the issue rather than prohibiting parallel registration, and that are compatible with the UN convention on the law of the sea. By allowing bareboat registration according to the UN convention on conditions for regis- tration of ships, the issue of which country has full state control over the ship is resolved, and assures that the ship sails under only on states flag. Sweden has held a passive position regarding the issue of parallel registration of ships and a legislative change is necessary, mainly because parallel registration, as it is currently con- ducted in Sweden today, is in conflict with the UN convention on the law of the sea, but also because it leads to uncertainty concerning which country has full state control over the ship. However, a prohibition against parallel registration is not compatible with the rest of EU, where the majority has chosen to permit parallel registration. Bareboat registration ac- cording to the UN convention on conditions for registration of ships is not in conflict with the UN convention on the law of the sea and should therefore be permitted in Sweden.

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2

Tsai-Seng, LIN, and 林財生. "A study on practical problems of BARECON 89/2001 bareboat charter." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/42567856055742463436.

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碩士
國立臺灣海洋大學
航運管理學系
93
Abstract The management of a shipping company is mainly on ship operations, including buying ships, renewing ships, and even replacing a smaller ship by a larger ship. If a company buys or builds ships when shipping market is deteriorating or sells ships when the market is prosperous, the profits therefrom might be higher that those from the pure ship operation. In order to assess alternative ways of ship obtaining, it is necessary for a shipping company to explore the contents of bareboat charter and all the information related to the contract. It thesis discusses the clauses of BARECON 89 and BARECON 2001 in order to discuss their contents and realize the impacts while a shipping company using a bareboat charter to obtain suitable ships in the market. It also discuss the different rider clauses and aims to provide useful reference to those personnel who are engaged in the bareboat chartering businesses.

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Books on the topic "Bareboat charter"

1

Bareboat and charter (ship) registration. Boston: Kluwer Law International, 1998.

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2

ICC Symposium on Bareboat Charter Registration (1987 Paris, France). Bareboat charter registration: Legal issues and commercial benefits : a report on the 1987 ICC Symposium on Bareboat Charter Registration. Paris: ICC Publishing S.A., 1988.

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3

Ademuni-Odeke. Bareboat and Charter (Ship) Registration. Springer, 1997.

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4

Dekker. Bareboat Charter Registration: Legal Issues and Commercial Benefits : A Report on the 1987 Icc Symposium on Bareboat Charter Registration, No. 466 (Publication / International Chamber of Commerce). Icc Pub, 1988.

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The Merchant Shipping (Modification of Enactments) (Bareboat Charter Ships) Order 1994 (Statutory Instruments: 1994: 774). Stationery Office Books, 1994.

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Bareboat Charters (Lloyd's Shipping Law Library). LLP Professional Publishing, 2000.

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Book chapters on the topic "Bareboat charter"

1

Plomaritou, Evi, and Anthony Papadopoulos. "Bareboat charter and contract of affreightment." In Shipbroking and Chartering Practice, 387–414. Eighth edition. | Milton Park, Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2018. | Series: Lloyd’s practical shipping guides: Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315689609-13.

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"Bareboat charter." In Commercial Shipping Handbook, 34–46. Informa Law from Routledge, 2014. http://dx.doi.org/10.4324/9781315774695-16.

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"BAREBOAT CHARTER REGISTRATION." In Ship Registration: Law and Practice, 85–94. Informa Law from Routledge, 2013. http://dx.doi.org/10.4324/9780203722091-13.

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