Charter party

The charter-game ( english Charter Party Bill of Lading ) is in the maritime trade , a document accompanying the goods on a freight contract for a ship charter .

General

A distinction is also made between regular and chartered services at sea . The charter part ( Latin carta partita , "divided certificate") concerns exclusively the ship charter. Since the charter trip regularly has lower transport costs than the regular service, the charter party is playing an increasingly important role.

history

The first waybills existed for land transport and inland shipping before they were introduced in rail , air and, most recently, in sea transport. A first forerunner of the charter game appeared in Italy in 236 AD . It was a split document ( Italian carta partita ), a double document cut in zigzag, of which the charterer and carrier each received a part. Only when someone was able to present the assembled document did they have the right to dispose of the freight. The Byzantine-Rhodian law of the sea also knew the forerunner of the charter game from 600. From the Middle Ages was to an English charter section ( English charter party ) of the ship "The Cheritie" from the year 1531. The English term is a corruption of the original Italian word.

The royal Prussian maritime law of 1727 codified for the first time in the German legal area charter part ("Certepartie") and bill of lading ("connaissement") as documents of the sea freight contract. It was concluded between the carrier (skipper) and the shipper and contained the contract of carriage . The General Prussian Land Law (APL) of June 1794 defined the “charter part” as a written contract between a charterer for an entire ship and the skipper (II, 8, § 1620 APL). In 1835, the Brockhaus encyclopedia translated the charter lot as a freight contract. The ADHGB of May 1861 stipulated in Art. 558 ADHGB that when a ship is loaded, each contracting party can demand that a written document (“charter party”) be drawn up about the contract. According to the English Stamp Act of 1870, it is "an agreement or contract for the rental of a ship ... between the master, guide or owner of a ship ... with reference to cargo ... on board such a ship".

The Baltic and International Maritime Conference (BIMCO), which published the first internationally standardized charter party in 1908, is decisive for the internationally standardized elaboration of today's charter party.

Legal issues

The legal basis of the charter party is the time charter contract regulated in § 557 HGB . While in liner shipping the contract of carriage is usually based on the Hague Rules , in the case of charter the conditions of carriage are specified in individual contracts. Another difference is that the charter part concerns the loading of a hold or an entire ship and does not focus on the cargo , which is why the unloader ( exporter ) takes on the full transport risk to the port of destination.

The charter lot is a bill of lading and is specifically regulated in Art. 22 UCP 600 if it is expressly required for a letter of credit . The content of the charter part bill of lading corresponds to the normal bill of lading with the exception that it is not to be signed by the carrier but by the captain or ship owner. As a bill of lading , the charter party is a security - specifically a selected order paper of § 363 HGB - and a traditional paper .

Web links

Search for charter party in the SPK digital portal of the Prussian Cultural Heritage Foundation

Individual evidence

↑ Siegfried G. Häberle, Handbook of letters of credit, debt collection, export documents and bank guarantees , 2000, p. 325
↑ Florian Gehrke, The electronic transport document , 2005, p. 3
^ Patrick M. Alderton, Reeds Sea Transport: Operation and Economics , 2011, p. 176
^ William Tetley, International Encyclopedia of Comparative Law , Installation 12: Maritime Transportation , 1981, p. 33
↑ Florian Gehrke, The electronic transport document , 2005, p. 61
↑ Reinhold Nizze, The general law of the sea of civilized nations , Volume 1, 1857, p. 259
^ FA Brockhaus (Ed.), Complete Concise Dictionary of German, French and English , 1835, S: 42
↑ Hermann J. Meyer (Ed.), Neues Konversations-Lexikon , Volume 4, 1863, p. 542 f.
↑ Hansa Zeitschrift für Seewesen (Ed.), Central Organ for Shipping , Volume 15, 1878, p. 93
↑ Reinhold Sellien / Helmut Sellien (eds.), Gablers Wirtschaftslexikon , 1980, p. 911
↑ Dietmar Ehrlich / Johannes CD Zahn / Gregor Haas, Payment and Payment Security in Foreign Trade , 2010, p. 215
^ Siegfried G. Häberle, Handbook of Letters of Credit, Inkassi, Export Documents and Bank Guarantees , 2000, p. 228

[1] Siegfried G. Häberle, Handbook of letters of credit, debt collection, export documents and bank guarantees , 2000, p. 325

[2] Florian Gehrke, The electronic transport document , 2005, p. 3

[3] Patrick M. Alderton, Reeds Sea Transport: Operation and Economics , 2011, p. 176

[4] William Tetley, International Encyclopedia of Comparative Law , Installation 12: Maritime Transportation , 1981, p. 33

[5] Florian Gehrke, The electronic transport document , 2005, p. 61

[6] Reinhold Nizze, The general law of the sea of civilized nations , Volume 1, 1857, p. 259

[7] FA Brockhaus (Ed.), Complete Concise Dictionary of German, French and English , 1835, S: 42

[8] Hermann J. Meyer (Ed.), Neues Konversations-Lexikon , Volume 4, 1863, p. 542 f.

[9] Hansa Zeitschrift für Seewesen (Ed.), Central Organ for Shipping , Volume 15, 1878, p. 93

[10] Reinhold Sellien / Helmut Sellien (eds.), Gablers Wirtschaftslexikon , 1980, p. 911

[11] Dietmar Ehrlich / Johannes CD Zahn / Gregor Haas, Payment and Payment Security in Foreign Trade , 2010, p. 215

[12] Siegfried G. Häberle, Handbook of Letters of Credit, Inkassi, Export Documents and Bank Guarantees , 2000, p. 228