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Legal Issues Concerning Delivery and Redelivery of the Vessel in Time Charterparties / Ceren Cerit

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DOI (Published version): 10.23889/Suthesis.51366

Abstract

This research analyses time charters, in particular the law regarding the delivery and redelivery of the chartered vessel. These two key stages in the context of a time charterparty agreement have been chosen since legal and practical problems often arise and the law in this area is constantly devel...

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Published: 2019
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
URI: https://cronfa.swan.ac.uk/Record/cronfa51366
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first_indexed 2019-08-09T21:26:12Z
last_indexed 2020-09-02T03:16:08Z
id cronfa51366
recordtype RisThesis
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spelling 2020-09-01T17:31:24.0848053 v2 51366 2019-08-09 Legal Issues Concerning Delivery and Redelivery of the Vessel in Time Charterparties 2019-08-09 This research analyses time charters, in particular the law regarding the delivery and redelivery of the chartered vessel. These two key stages in the context of a time charterparty agreement have been chosen since legal and practical problems often arise and the law in this area is constantly developed through the judgments of courts. The author has identified six areas which are particularly significant and need close evaluation. These are the construction of the methods used by the parties to define the charter period and ascertaining the duration of the charter; the matters relating to timely delivery of the vessel; the extent of the shipowner’s right to keep the charter alive upon early redelivery of the vessel by the charterer; problems raised by the issue of how the assessment of damages is made in case of early redelivery of the vessel (underlap); the impact of the charterer’s last voyage order on occurrence of late redelivery of the vessel; and lastly the issue of how the assessment of damages is made in case of late redelivery of the vessel (overlap). This research not only identifies the legal position by mapping shipowner’s and charterer’s rights and liabilities relating to the areas identified above but it also evaluates the accuracy of the settled law in this regard, highlights the gaps and indicates areas that should be reformed through contractual mechanisms. The analysis in this thesis is based on English law. E-Thesis 31 12 2019 2019-12-31 10.23889/Suthesis.51366 Due to Embargo and/or Third Party Copyright restrictions, this thesis is not available via this service. COLLEGE NANME COLLEGE CODE Swansea University Doctoral Ph.D 2020-09-01T17:31:24.0848053 2019-08-09T15:56:54.0005596 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Ceren Cerit 1
title Legal Issues Concerning Delivery and Redelivery of the Vessel in Time Charterparties
spellingShingle Legal Issues Concerning Delivery and Redelivery of the Vessel in Time Charterparties
,
title_short Legal Issues Concerning Delivery and Redelivery of the Vessel in Time Charterparties
title_full Legal Issues Concerning Delivery and Redelivery of the Vessel in Time Charterparties
title_fullStr Legal Issues Concerning Delivery and Redelivery of the Vessel in Time Charterparties
title_full_unstemmed Legal Issues Concerning Delivery and Redelivery of the Vessel in Time Charterparties
title_sort Legal Issues Concerning Delivery and Redelivery of the Vessel in Time Charterparties
author ,
author2 Ceren Cerit
format E-Thesis
publishDate 2019
institution Swansea University
doi_str_mv 10.23889/Suthesis.51366
college_str Faculty of Humanities and Social Sciences
hierarchytype
hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
document_store_str 0
active_str 0
description This research analyses time charters, in particular the law regarding the delivery and redelivery of the chartered vessel. These two key stages in the context of a time charterparty agreement have been chosen since legal and practical problems often arise and the law in this area is constantly developed through the judgments of courts. The author has identified six areas which are particularly significant and need close evaluation. These are the construction of the methods used by the parties to define the charter period and ascertaining the duration of the charter; the matters relating to timely delivery of the vessel; the extent of the shipowner’s right to keep the charter alive upon early redelivery of the vessel by the charterer; problems raised by the issue of how the assessment of damages is made in case of early redelivery of the vessel (underlap); the impact of the charterer’s last voyage order on occurrence of late redelivery of the vessel; and lastly the issue of how the assessment of damages is made in case of late redelivery of the vessel (overlap). This research not only identifies the legal position by mapping shipowner’s and charterer’s rights and liabilities relating to the areas identified above but it also evaluates the accuracy of the settled law in this regard, highlights the gaps and indicates areas that should be reformed through contractual mechanisms. The analysis in this thesis is based on English law.
published_date 2019-12-31T04:03:13Z
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score 10.997933

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