国际贸易法英文版双语教学课件Chapter8.pptx

Carriage of Good by Sea-Charterparties,Carriage of Good by Sea-Chart,I. Charterparties,A .Voyage Charterparties (航次租船),In the charterparty both the port of loading and the port of discharge must be mentioned , although the charterer may be given power to order the ship to proceed to any port within the limits named in the charterparty .,1.,When a charterer hires a ship and his crew for the carriage of goods from one place to another ,the charterer and shipowner have entered into a voyage charterparty .,1.,I. CharterpartiesA .Voyage,I. Charterparties,A .Voyage Charterparties (航次租船),In the charterparty both the port of loading and the port of discharge must be mentioned , although the charterer may be given power to order the ship to proceed to any port within the limits named in the charterparty .,2.,Lay Days and DemurrageThe lay days are the time specified in the charterparty for loading or unloading .If the charterparty does not fix the lay days ,the charterer must load and unload the cargo within a reasonable time .The charterparty sometimes specifies as lay days working daysor weather working days .,3.,I. CharterpartiesA .Voyage,I. Charterparties,A .Voyage Charterparties (航次租船),If the lay days are exceeded and the ship is detained longer in the port of loading or unloading than agreed in the charterparty , demurrage is payable by the charterer to the shipowner .,4.,Charterers Main Obligations in a Voyage Charterparty under GENCON 1994 and Common Law ( 1)Nominationof a safe port .For the charterers part ,he will nominate a safe port and not ship dangerous goods without disclosure .Here , safe port “ was defined,5.,I. CharterpartiesA .Voyage,I. Charterparties,A .Voyage Charterparties (航次租船),in common law in the following manner : A port will not be sate unless ,in the relevant period of time ,the particular ship can reach it ,use it and return from it without ,in the absence of some abnormal occurrence ,being exposed to danger which cannot be avoided by good navigation and seamanship .( 2)Not to ship dangerous goods .,5.,6.,Owners Obligations in a Voyage Charterparty under GENCON 1994GENCON 1994 ,Clause 2 provides that the Owners are to be responsible for loss of or damage to the goods or for delay in delivery of the goods,I. CharterpartiesA .Voyage,I. Charterparties,A .Voyage Charterparties (航次租船),only in case the loss ,damage or delay has been caused by personal want of due diligence on the part of the Owners or their Manager to make the Vessel in all respects seaworthy and to secure that she is properly manned ,equipped and supplied ,or by the personal act or default of the owners or their manager .And the Owners are not responsible for loss ,damage or delay arising from any other cause whatsoever ,even from the neglect or default of the Master or crew or some other person employed by the Owners on board or ashore for whose acts they would ,but for this Clause ,be responsible ,or from unseaworthiness of the Vessel on loading or commencement of the voyage or at any time whatsoever .,6.,I. CharterpartiesA .Voyage,I. Charterparties,A .Voyage Charterparties (航次租船),Usually Express Terms of a Voyage CharterpartyThe charterparty will contain a number of clauses ,including introductory clauses identifying the vessels identity ,its cargo capacity ,the time from when performance of the charter is to start and cancellation clause .The charterparty may contain terms about seaworthiness of the ship and deviation , which may displace the common law implied obligations where clearly worded .,7.,I. CharterpartiesA .Voyage,I. Charterparties,A .Voyage Charterparties (航次租船),Clauses exempting the carrier from liability for loss or damage to goods such as the negligence of the master of crew , storms , strikes ,wars and ice are also commonly found in charterparties .Jurisdiction ,arbitration and applicable law clauses are also not uncommon .,7.,B .Time Charterparties (定期租船),Under a time charterparty the charterer engages the use of a vessel for a stated period of time .The charterer normally pays hire“ monthly, and the shipowner will be withdraw the ship from the charterers use if a monthly installment is not paid promptly .,1.,I. CharterpartiesA .Voyage,I. Charterparties,B .Time Charterparties (定期租船),The charterer has the right to direct the ship to proceed to wherever it is needed .Ordinarily ,the only limitation on this right is the charterers promise to engage only in lawful trades ,to carry only lawful goods ,and to only direct the vessel to safe ports .If the shipowner attempts to interfere with the charterers use of the vessel ,he will be in breach of the charterparty .,2.,I. CharterpartiesB .Time C,I. Charterparties,C .Charterparties by Demise (光船租船),Under this type of charterparty ,known in American law as bare boat charterparty . the charterer obtains possession and control of the ship andputs in his own master and crew ,who are his employees .Such charterparties are not frequently used in the ordinary trade ,but they are often used in the oil tanker trade .,1.,I. CharterpartiesC .Charte,II. Bills of Lading,A bill of lading is an instrument issued by an ocean carrier to a shipper with whom the carrier has entered into a contract for the carriage of goods ,which states that certain goods have been shipped on a particular ship or have been received for shipment .It sets out the terms on which those goods have been delivered to and received by the shipowner .On being signed by or on behalf of the carrier ,it is handed to the shipper .,1.,A .Nature of a Bill of Lading,Bills of Lading as a ReceiptIn the hands of the shipper ,the bill of lading is a receipt for :( a)the quantity of goods received ;( b)the condition of goods received ;and ( c)leading marks .,1.,II. Bills of LadingA bill o,II. Bills of Lading,Bills of Lading as Evidence of Contract of CarriageA bill of lading ,even though it normally contains the terms of carriage ,is regarded in the hands of the shipper as evidence of contract of carriage ,since the contract with the shipper is likely to have been concluded orally long before the issue of the bill of lading , and it is possible that the document varies some of the agreed terms or contains terms that have not been agreed to by the parties .,2.,A .Nature of a Bill of Lading,Bills of Lading as Contract of Carriage The view that the bill of lading is evidence of the contract of carriage is correct only in so far as the holder of the bill is the shipper .,3.,II. Bills of LadingBills of,II. Bills of Lading,Bills of Lading as Document of Title Physical inability of the merchant to deliver the cargo due to long transit periods ) may have triggered the custom among merchants to treat the bill of lading as a symbol for the goods .Until goods are physically delivered ,possession of the bill of lading is deemed to be constructive possession of the goods .Transfer of the bill of lading by the seller to the buyer is deemed to be a symbolic delivery of the goods to the buyer ,and the buyer ,on the ships arrival ,could demand delivery of the goods .,4.,A .Nature of a Bill of Lading,II. Bills of LadingBills of,II. Bills of Lading,Delivery of Goods without the Bill of LadingThis means that a carrier has delivered the goods to the consignee without original bill of lading ,either due to the fact that the bill of lading is delayed or stolen or lost .,1.,B .Delayed Bills of Lading,Taking Delivery against Indemnity According to Article 17 of the Hamburg Rules ,the shipper is deemed to have guaranteed to the carrier the accuracy of particulars relating to the general nature of the goods ,their marks ,number ,weight and,2.,II. Bills of LadingDelivery,II. Bills of Lading,quantity as furnished by him for insertion in the bill of lading .Such a letter of guarantee or agreement is valid as against the shipper unless the carrier or the person intends to defraud a third party , including a consignee ,who acts in reliance on the description of the goods in the bill of lading .,2.,B .Delayed Bills of Lading,False Bills of Lading (伪造提单) False bills of lading refer to the bills of lading issued but with the goods not yet shipped .,1.,C .Frauds on Bills of Lading,II. Bills of Ladingquantity,II. Bills of Lading,Antedated Bills of Lading ( 倒签提单)Antedated bills of lading means the bills of lading issued after the goods have been shipped but with the date earlier than actual shipping date .,2.,C .Frauds on Bills of Lading,Advanced Bills of Lading (预借提单)Advanced bills of lading means a bill of lading issued under requirement of a seller by a carrier who is already in management of the goods but not shipped it yet ,or who is shipping the goods but not finished yet.,3.,Enforceability of Indemnity Agreements for Issuing Clean Bills of LadingUsually ,reservations on a bill of lading affect its commercial value in a number of ways :( a)The consignee normally relies on the bill of lading,4.,II. Bills of LadingAntedate,II. Bills of Lading,to establish whether the goods as agreed in the contract of sale have been shipped ,and where the bill of lading is claused ( that is ,contains reservations )he may refuse payment ;( b)Should the consignee or the shipper ( that is ,where he still has not got a buyer )want to sell the cargo during transit ,it is unlikely to be sold on the basis of a claused bill of lading ;( c)As a document of title ,the bill of lading is often used to raise money from banks and finance houses .These institutions normally prefer to lend money against a clean bill of lading .,4.,C .Frauds on Bills of Lading,II. Bills of Ladingto estab,II. Bills of Lading,Some traders and practitioners regard electronic bills of lading as a vast improvement on paper bills of lading ,since they will see a reduction in :( a)problems created by late arrival of documents at the port of discharge ;and ( b)fraud , since bills of lading will no longer be sent in sets of three or six originals .,1.,D .Electronic Bills of Lading,The successful implementation of paperless documents in the shipping industry is possible only if :( a)there are reliable security devices that would make it near impossible for the fraudster or hacker to gain access :,2.,II. Bills of LadingSome tra,II. Bills of Lading,( b)there are adequate mechanisms in the available laws or new laws that are enacted at both national and international levels ,which would deter the would-be hacker or fraudster ;( c)there is greater co-operation between countries to exchange information about cross-border data flow and access to evidence ;and ( d)the laws of evidence allow for admissibility of computer-generated documents .,2.,D .Electronic Bills of Lading,II. Bills of Lading( b)ther,Thanks for Watching,Thanks for Watching,