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Maritime Law and Practice in China


Page 31

CHAPTER 4

Charterparties

Charterparties

4.1 In Chapter 4 of the CMC 1992, “Contract of Carriage of Goods by Sea”, the voyage charter is considered as a type of special contract for the carriage of goods by sea.1 Although the time charter is considered as another kind of contract of carriage of goods by sea, it is not included in the same chapter along with the voyage charter in the CMC 1992. Time charters and bareboat charters are separately regulated in Chapter 6 of the CMC 1992. At common law, the voyage charter and the time charter are both considered as contracts of carriage of goods by sea. While the bareboat charter is a kind of lease contract, under common law, the general principles behind the time charter may sometimes be applied to bareboat charters.2 Practically speaking, the different categories of charterparties do not affect chartering practice.

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