The Obligation of Seaworthiness: Shipowner and Charterer
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Stephen Girvin [1]
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[1] National University of Singapore
National University of Singapore
Singapur
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- Localización: Proceedings of the 25th Pan-American Conference of Naval Engineering—COPINAVAL / coord. por Adán Vega Sáenz, Newton Narciso Pereira, Luis Carral Couce, Jose Angel Fraguela Formoso, 2019, ISBN 978-3-319-89812-4, págs. 421-438
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
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Resumen
The obligation to provide a seaworthy ship is basic in the carriage of goods by sea and this is no the less the case where the contract of carriage is between a shipowner and a charterer or between a charterer and subcharterer. As the concept of seaworthiness is not usually defined in standard form for charterparties, the meaning has to be ascertained from cases decided under the common law. In charterparties, whether time, voyage, or bareboat, it is normal for the seaworthiness obligation to be laid down in express wording, but often describing the standard required as one of due diligence. Alternatively, such a due diligence standard is imported into the charterparty by means of a paramount clause, bringing into the charterparty the terms of the Hague (or Hague–Visby) Rules.
