Jedan propust u plaćanju vozarine daje pravo brodaru na raskid brodarskog ugovora na vrijeme i naknadu štete : [prikaz presude]
One default in payment of charterhire gives right to shipowners to terminate the charter and demand damages : [case review]
Author(s): Zoran TasićSubject(s): Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: case review; charterhire; charterer; shipowner; time-charter party; English law;
Summary/Abstract: The charterer failed to pay hire in accordance with the terms of the time charterparty. The shipowner has terminated the charter and demanded damages in the amounts due for the remaining period of the charter. In arbitration the arbitrators decided that pursuant to English law a single failure to pa< hire should not entitle the shipowner to terminate the charter and claim damages. However, since there were several defaults by the charterer which all contributed towards a repudiatory breach of the charter, the shipowner was entitled to terminate the charter and claim damages. The judge, acting upon appeal, has agreed with the arbitrators on the repudiatory breach, however he has also decided that one failure in payment of charterhire does entitle the shipowner to terminate the charter and demand damages, This decision creates a new approach in English law, especially if confirmed by the higher courts on appeal.
Journal: Poredbeno pomorsko pravo
- Issue Year: 52/2013
- Issue No: 167
- Page Range: 227-230
- Page Count: 4
- Language: Croatian