SPECIAL ASPECTS OF USING PRO FORMA OF CHARTER PARTIES IN THE PROCESS OF THE CHARTERING THE VESSEL
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
The author stipulates that charter party is the contract between the owner of a vessel and the charterer for the use of a vessel. The example shows three charter parties, namely the voyage charter, time charter, bareboat charter. The article analyzes the importance of pro forma to conclude contracts of chartering of the vessels. Such a contract is not settled by international legal acts. Therefore the use of pro forma is an accepted practice in the international private maritime law. Due to the analysis, the author classify charters pro forma according to various criteria. The author characterizes the structure of the charter and provides examples of the most popular charters pro forma. The most popular charters have been developed by associations of owners of the ship, charterers, freight brokers and other parties, who are involved in international transportation. The significant role in creating the charters pro forma played Baltic and International Maritime Council. The Baltic and International Maritime Council is the world’s largest international shipping association. The author provides a list of the main requisites stipulated by Ukrainian law. Particular attention is paid to the Merchant Shipping Code of Ukraine which entered into force on May 23, 1995. Merchant Shipping Code of Ukraine regulates relations arising from merchant shipping. Also in the article author indicate recommendations on use of English law in the charter party and its specificity according to the Ukrainian practice.
Authors and Affiliations
Т. Є. Крисань, Н. В. Каліна
Keywords
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