Review article
https://doi.org/10.21857/moxpjho11m
Legal relations (aspects) of the bareboat charter in accordance with provisions of BIMCO Form BARECON 2001
Marija Pijaca
orcid.org/0000-0002-0709-376X
; Pomorski odjel Sveučiišta u Zadru, Zadar, Hrvatska
Abstract
This paper analyzes provisions of the BIMCO standard bareboat charter form, code name
BARECON 2001, contained in its second, central part. The analysis consists of several
themed sections. Firstly, contractual parties in the bareboat charter are determined, introductory
terms definitions are cited and the specifics of the duration of the bareboat charter
are established. Fundamental rights and obligations of the parties (delivery, cancelling, hire,
redelivery) are determined afterwards, followed by all other rights and obligations related
to the use and performance of the contract (e.g. regulation of the vessel’s inspection costs,
oil and stores on delivery and redelivery, inspection, trading restrictions, maintenance and
operation, insurance, mortgage and lien, indemnity, realization of the right to remuneration
for salvage and a general average contribution, wreck removal, conditions for transfer of
rights from the contract to a third party, bank guarantee, commission, termination, repossession,
dispute resolution, notices). A comparative analysis of the BARECON 2001 central
part provisions and the previous BARECON 89 relevant provisions is presented, as well as a
critical review of the BARECON 2001 provisions, considered to be ambiguous, and possibly
giving rise to various legal interpretations. In conclusion, solutions of the provisions of the
form are summarized and several proposals for improvement of its content are given.
Keywords
bareboat charter; BARECON 2001; owner; charterer; charter period; delivery; cancelling, hire; redelivery; provisions of the second part of the form BARECON 2001
Hrčak ID:
190231
URI
Publication date:
27.11.2017.
Visits: 2.888 *