영국법상 용선계약의 해제약관에 관한 연구

Abstract

Should vessel not be delivered to Charterers or should vessel not be ready to load cargoes not later than the cancelling date, Charterers often tend to cancel the charter party, refusing to accept vessel to be delivered or to load cargoes on board due to the decrease of the hire or freight. In this case, there happens a problem whether Charterers declared the option of cancelling the charter party legally according to cancelling clause in the governing charter party or not. In the meantime, Charterers have no obligation to declare the option of cancelling the charter party until vessel be ready to be delivered or to load cargoes despite notice of Shipowners to the effect that vessel may be delayed, because Charterers are willing to decide whether the option of cancelling the charter party shall be declared or not after they ascertain the chartering market at cancelling date. Owners should give vessel's expected time of arrival punctually when charter party is fixed. Owners should abide by their obligations punctually on the date when notice be given in case laycan be narrowed by a certain date with narrowed spread according to the charter party, because the clause related to time is a warranty or condition case by case so that charterers may cancel the charter or lodge a claim against Owners if Owners breach a charter party in this regard. This study is focussed to analyze the cancelling clause including laycan and vessel's expected time of arrival. This study may be considered as significant in that it will contribute to provide materials for people in shipping business to avoid the possible disputes in advance and lessen relevant loss concerning cancelling clause when they actually happen.