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Suggestions on the Modification of Taiwan s Maritime Law Governing Charterparties
| 题名： | Suggestions on the Modification of Taiwan s Maritime Law Governing Charterparties |
| 正文语种： | 中文 |
| 作者： | 張志清 |
| 关键词： | Modification of maritime law;Voyage charterparty;Time charterparty |
| 摘要： | There is no existing international convention having particularly been enacted for governing charterparties. Under common law system, it is based on freedom of contract and those rules established by common law system for determining the disputes arising from the charterparties. Under statutory law system, certain statutory provisions are enacted to govern charterparties unless the parties to contract agree otherwise. Nevertheless, the statutory provisions vary to certain extents among different countries. It, therefore, needs to explore how maritime law governs charterparties. This article compares and analyzes relevant statutory provisions of Japan, Germany, Korea, mainland China, Norway, and Taiwan, including the governing structure, the obligations and the rights of carriers and charterers, as well as the repudiation of the contract. It also considers those provisions which have been suggested by Taiwan Maritime Law Association, in order to provide suggestions for the future modification of Taiwan's maritime law. |
| 期刊名称： | 航运季刊 |
| 出版年： | 2017 |
| 期： | 01 |
| 页码： | 23-49 |
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