engleski

Rights, obligations and responsibilities of bareboat charter parties

A bareboat charter is a legal form of use of a vessel characterised by a complex system of contractual obligations of the parties. With this fact as a starting point, the case study analyses primarily rights and obligations of contractual parties in this type of vessel usage. The principal rights and obligations of both parties are listed and elaborated, followed by a number of specific sub-obligations which have a direct impact on contents and the scope of the former ones. Differences between the parties’ rights and obligations are determined and described in terms of “bare” vessel charters compared to charters by demise. A detailed overview is given of the parties’ contractual responsibilities, with the interpretation of the ways in which they participate in the benefits and risks under such contracts. In order to provide a wider framework for the subject of the paper, not only provisions of the Croatian maritime law, but also legal origins of the Croatian civil law have been analysed. The paper uses also solutions for contractual provisions contained in standard BIMCO bareboat charter forms under the code name BARECON – Standard Bareboat Charter, specifically the form of the contract from 2001 with the code name BARACON 2001. Finally, the paper underlines all the important issues relevant for fulfilment of a bareboat charter and proposes several amendments of relevance in the provisions on the rights, obligations, and responsibilities of the parties aiming at a higher-quality legal regulation of the bareboat charter institute under Croatian law.

bareboat charter ; rights ; obligation ; contractual responsibility

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