engleski

Insurance of risks under the bareboat charter contract

The bareboat charter contract can appear as a simple contractual relation: the owner gives to the charterer a vessel for use for the performance of sea-going activity, and charterer pays hire to the owner. However, this contractual relation is very complex and the complexity of this contract can be seen in the complex system of legal relations of the parties that arises from the provisions of vessel for use. Based on the complexities of mutual rights and obligations of the parties to the bareboat charter contract, also an issue of insurance arises in a very complex form. The hull and machinery insurance and liability insurance are intertwined and therefore there is a very real possibility that some interests might be missed, leaving them uninsured. Therefore it is necessary to establish with certainty who is obliged to take out the hull and machinery and liability insurance and to establish all other aspects of insurance specific for this type of vessel employment. The aim of this paper is to ascertain the characteristics of bareboat charter contract insurance, especially hull and machinery and liability insurance, and, also, to analyse the manner in which the issue of bareboat chartered contract insurance is standardized by the provisions of the BIMCO Standard Bareboat Charter, code name BARECON 2001. Same standard contractual form is most often used in the practice of bareboat charter contracting and therefore it is deemed necessary to establish whether or not the provisions of standard contractual form provide broad enough of bareboat charter contract insurance. By analysing the insurance provisions of the standard contractual form BARECON 2001 the authors provide a conclusion on whether or not the specified provisions meet the interests of the parties to the bareboat charter.

bareboat charter ; hull and machinery insurance ; liability insurance ; insurance provisions of the BARECON 2001.

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