TR
EN
Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters
Öz
An estimated time of arrival term is usually subjected to discussions as to voyage charters. However, due to the fact that such a term will be useful in order for the arrangements regarding the first cargo to be loaded to be made properly and such a term will helpful for a time charterer to have an idea regarding the time when the ship is likely to arrive at the delivery location, shipowners and charterers might also prefer to include this term into time charters. At this point, the purpose of this article is to analyse the impact of a term related to estimated time of arrival of the vessel at the delivery location on time charter relations.
It has been established that where the voyage charters contain an estimated time of arrival term, the shipowner is required to commence sailing for the port of loading at a time when, by proceeding with all convenient speed, she will normally reach the loading port by the specified estimated time of arrival. Whether the similar obligation can be imposed to the shipowner under a time charter remains unsettled at the time of writing. In this paper, the author intends to fill the gap in this area of law. In this regard, whether the shipowner has an obligation to start sailing for the delivery location on time under time charters where the charter contains an estimated time of arrival term for the delivery of the vessel will be the main question which the paper will focus. The answer of this question is tried to be given in the light of the grounds behind the existence of the shipowner’s start sailing on time obligation under voyage charters. Since the English law is predominant in the field of charterparties, the analysis will be made in this paper from an English Law perspective.
Anahtar Kelimeler
Kaynakça
- Soyer, B.: Warranties in Marine Insurance, 3rd Edn., Abingdon 2017.
- Macdonald, E. - Atkins, R.: Koffman & Macdonald's Law of Contract, 9th Edn., Oxford 2018.
- Ülgener, F.: Çarter Sözleşmeleri I – Genel Hükümler ve Sefer Çarteri Sözleşmesi, 1st Edn., İstanbul 2016.
- Ülgener F.: Çarter Sözleşmeleri II – Zaman Çarteri Sözleşmeleri, 1st Edn., İstanbul 2016.
- Treitel, G. H.: Some Landmarks of Twentieth Century Contract Law, 1st Edn., Oxford 2002.
- Wilson, J. F.: Carriage of Goods by Sea, 7th Edn., Essex 2010.
- Cooke J. - Young, T. - Ashcroft, M. - Taylor, A. - Kimball, J. D. - Martowski, D. - Lambert, L. - Sturley, M.: Voyage Charters, 4th Edn., Abingdon 2014.
- Davies, P. S.: JC Smith's The Law of Contract, 3rd Edn., Oxford 2021.
Ayrıntılar
Birincil Dil
İngilizce
Konular
Uzay, Denizcilik ve Havacılık Hukuku
Bölüm
Araştırma Makalesi
Yazarlar
Erken Görünüm Tarihi
14 Mayıs 2024
Yayımlanma Tarihi
1 Haziran 2022
Gönderilme Tarihi
16 Ağustos 2021
Kabul Tarihi
6 Ocak 2022
Yayımlandığı Sayı
Yıl 2021 Cilt: 4 Sayı: 1
APA
Cerit Dindar, C. (2022). Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters. DEHUKAM Journal of the Sea and Maritime Law, 4(1), 3-32. https://izlik.org/JA23JP36UB
AMA
1.Cerit Dindar C. Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters. DEHUKAMDER. 2022;4(1):3-32. https://izlik.org/JA23JP36UB
Chicago
Cerit Dindar, Ceren. 2022. “Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters”. DEHUKAM Journal of the Sea and Maritime Law 4 (1): 3-32. https://izlik.org/JA23JP36UB.
EndNote
Cerit Dindar C (01 Haziran 2022) Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters. DEHUKAM Journal of the Sea and Maritime Law 4 1 3–32.
IEEE
[1]C. Cerit Dindar, “Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters”, DEHUKAMDER, c. 4, sy 1, ss. 3–32, Haz. 2022, [çevrimiçi]. Erişim adresi: https://izlik.org/JA23JP36UB
ISNAD
Cerit Dindar, Ceren. “Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters”. DEHUKAM Journal of the Sea and Maritime Law 4/1 (01 Haziran 2022): 3-32. https://izlik.org/JA23JP36UB.
JAMA
1.Cerit Dindar C. Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters. DEHUKAMDER. 2022;4:3–32.
MLA
Cerit Dindar, Ceren. “Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters”. DEHUKAM Journal of the Sea and Maritime Law, c. 4, sy 1, Haziran 2022, ss. 3-32, https://izlik.org/JA23JP36UB.
Vancouver
1.Ceren Cerit Dindar. Estimated Time of Arrival Terms: Analysis of ‘Start Sailing on Time Obligation’ in the Context of Time Charters. DEHUKAMDER [Internet]. 01 Haziran 2022;4(1):3-32. Erişim adresi: https://izlik.org/JA23JP36UB