Pravni odnosi iz zakupa broda prema odredbama BIMCO obrasca BARECON 2001
Legal relations (aspects) of the bareboat charter in accordance with provisions of BIMCO Form BARECON 2001

Summary/Abstract: This paper analyzes provisions of the BIMCO standard bareboat charter form, code name BARECON 2001, contained in its second, central part. The analysis consists of several themed sections. Firstly, contractual parties in the bareboat charter are determined, introductory terms definitions are cited and the specifics of the duration of the bareboat charter are established. Fundamental rights and obligations of the parties (delivery, cancelling, hire, redelivery) are determined afterwards, followed by all other rights and obligations related to the use and performance of the contract (e.g. regulation of the vessel’s inspection costs,oil and stores on delivery and redelivery, inspection, trading restrictions, maintenance and operation, insurance, mortgage and lien, indemnity, realization of the right to remuneration for salvage and a general average contribution, wreck removal, conditions for transfer of rights from the contract to a third party, bank guarantee, commission, termination, repossession,dispute resolution, notices). A comparative analysis of the BARECON 2001 central part provisions and the previous BARECON 89 relevant provisions is presented, as well as a critical review of the BARECON 2001 provisions, considered to be ambiguous, and possibly giving rise to various legal interpretations. In conclusion, solutions of the provisions of the form are summarized and several proposals for improvement of its content are given.

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