Chapter VII
CHARTER PARTIES
Article 131
1. When a shipowner agrees for remuneration to place at the disposal of a charterer an entire vessel for a specified period of time or for the duration of several consecutive voyages for the purpose as provided by the contract, such an agreement is called the charter party. The charter party determines the legal relationship between the shipowner and the charterer.
2. The charter party is concluded in the form agreed by and between the parties concerned.
Article 132
When by a charter party the shipowner undertakes to place at the disposal of the charterer a crewed vessel, such a charter party is called the time-charter party.
Where the charter party provides that the shipowner places at the disposal of the charterer a vessel without crew, such a charter party is called bare-boat charter party.
Article 133
1. By the agreement provided in the contract, the charterer may sublet the vessel to the third party, this, however, does not relieve the charterer of the obligation to execute the contract concluded by him with the shipowner.
2. When subletting the vessel to the third party, the charterer is entitled to the benefit of the rights, and is bound to fulfill the obligations of the shipowners provided for in this Chapter.
Article 134
1. The shipowner is bound to deliver to the charterer at the right agreed place and on the right agreed date the vessel in a seaworthy condition, properly supplied and adapted for the purposes of employment determined in the contract.
2. In case of time-charter, the shipowner is also bound to supply a complement of crew qualified for the purposes of employment determined in the contract and to pay the wages and secure the other legitimate interests of crew throughout the currency of the charter.
Article 135
1. The charterer is entitled to dispose of the entire space in the vessel appropriated for the carriage of cargo and for the accommodation of passengers.
2. Without the shipowners consent, the charterer is not entitled to dispose of the other space on board the vessel for the purposes set out in item 1 of this Article.
Article 136
1. Under the time-charter party, the charterer is relieved of the obligation to pay to the shipowner the charter hire for any period during which the vessel is unfit for operation on account of technical breakdown and or lacking supplies, or on account of the crew being incompetent. In this case the charterer is also relieved of the obligation to pay the costs of the vessels operation.
2. Where the vessels unfitness for operation has resulted from he reason on the part of the charterer, the shipowner is entitled to the agreed charter hire and to the compensation for damage connected therewith.
Article 137
1. During the currency of the time-charter party, the master and other members of the crew remain employees of the shipowner and are under his labour control. The shipowner is completely liable for all matters pertaining to crew.
2. During the employment of the vessel, the master is the representative of the charterer and should comply with the instructions given by charterer.
3. For the acts of the master determined in item 2 of this Article, the shipowner is liable jointly and severally with the charterer, unless the master has clearly stated, when contracting, that he acts in the name of the charterer.
Article 138
If during the currency of the time-charter party the vessel involves in salvage services, the remuneration due to her is divided equally between the shipowner and the charterer after deducting, first, the sum covering losses caused through salvage and, then, the share of remuneration due to the crew.
Article 139
1. The charterer is obliged to employ the vessel for the purposes as determined in the contract and to take due care of the shipowners interests.
2. When the period for time-charter has terminated, the charterer is obliged to redeliver the vessel to the shiponwer at the agreed place and time and in technical conditions as concluded in contract.
The charterer is obliged to pay charter-hire until the redelivery of the vessel to the shipowner.
3. The charterer is obliged to carry out the maintenance of the vessel as well as of the other equipments on board, unless otherwise provided for in the contract.
4. The charterer during the currency of the bare-boat charter party is also obliged to repair the damages of the vessel and to keep the shipowner advised thereof. The shipowner is liable refund the repair costs occurred beyond the scope of the charterers liability.
Article 140
1. Where the failure to comply with the obligations set out in item 1 of Article 134 of the present Code has resulted from the fault on the part of the shipowner, the charterer is entitled to rescind the contract and to the compensation for the damages connected therewith.
2. Either party may rescind the time-charter party without compensation to other if owing to an outbreak of war, civil commotions or the actions condemned by the authority hindering the performance of the contract of which the circumstances are unable to come to and end within a reasonable time.
Article 141
1. The charter party is automatically terminated when the vessel has been lost, sunken, destroyed or has been considered unfit for repair or not worth repairing economically.
2. In case the vessel under the charter party has been lost, the charter hire is calculated until the date when the last report of the vessel is received.
Article 142
Any claim arising from a charter is barred at the expiration of two years from the day on which the contract expired.
Tìm kiếm
Nghị định 69/2010/NĐ-CP (Bản Word)
Nghị định 69/2010/NĐ-CP (Bản Pdf)