The writer treats the off-hire clause "inserted" by charterers into time charter as a clause for distributing the risk of time loss between charterers and owners during the terms of charter, upon which chart...The writer treats the off-hire clause "inserted" by charterers into time charter as a clause for distributing the risk of time loss between charterers and owners during the terms of charter, upon which charterers aim to relieve his absolute obligation to pay hire continuously throughout the charter period,and analyses its practical characteristics.The paper also maintains that whether the clause operates is entirely dependent on three key preconditions,that how the period of time off-hire is calculated is relevant to the wording of the clause,and that the Article 133 of CMC is similar to Article 15 of NYPE,thus it shall be regarded as the "net loss of time" off-hire clause. By virtue of legislative spirit which the Code shall operate in conformity with the international maritime customs and practices, the paper hereby suggests that the English and American authority on this clause shall be applicable to the Article展开更多
文摘The writer treats the off-hire clause "inserted" by charterers into time charter as a clause for distributing the risk of time loss between charterers and owners during the terms of charter, upon which charterers aim to relieve his absolute obligation to pay hire continuously throughout the charter period,and analyses its practical characteristics.The paper also maintains that whether the clause operates is entirely dependent on three key preconditions,that how the period of time off-hire is calculated is relevant to the wording of the clause,and that the Article 133 of CMC is similar to Article 15 of NYPE,thus it shall be regarded as the "net loss of time" off-hire clause. By virtue of legislative spirit which the Code shall operate in conformity with the international maritime customs and practices, the paper hereby suggests that the English and American authority on this clause shall be applicable to the Article
