Original scientific paper
Assignment of charter hire
Ljerka Mintas Hodak
; Jadranski zavod HAZU, Zagreb, Hrvatska
Abstract
The article deals with the assignment of charter hire as a security for ship financing and a means of repayment of the credit arrangement as implemented in practice.
In the first part of the article the author elaborates a concept and the basic principles of the assignment of a claim with special regard to Yugoslav law.
In the second part the author points to the importance of charter hire as an element of many ways of financing ship acquisition. Very frequently an assignment of charter hire is not only a security device but at the same time a source for the repayment of a credit given for the acquisition of a ship. She elaborates all legal aspects of the assignment of charter hire without loosing the special importance that this security device has for Yugoslav shipowners in their continuing attempt to develop their merchant fleet in spite of the very unfavourable economic and legal conditions for investment still prevailing in Yugoslavia.. On the basis of an investigation undertaken by the author herself though inspection of all vessel registries along the Adriatic coast and in Belgrade she came to the conclusion that the most cases of ship acquisition by Yugoslav shipowners are on a credit basis secured by ship's mortgage (so called Yugoslav contractual right of pledge over a ship) and supported by a very sophisticated scheme of securities. At the same time it was very often the case that a hire/purchase agreement was contracted as a model for ship acquisition.
Keywords
ship financing; ship acquisition; charter hire; assignment; ship - credit arrangement; ship's mortgage;
Hrčak ID:
213586
URI
Publication date:
27.12.1990.
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