定期傭船契約에 대한 法的 檢討

By the revision of the Commercial Code of our country in 1991, some provisions for the regulation of Time Chaterparty have been introduced into our own maritime law system. But, those provisions are in their nature mainly the reproduction of the provisions prescribed in the standrd forms of time chaterparty which are widely used, such as BALTIME Charter and NYPE Form, and the subject matters of their regulation are restrictive, so that the applicability of the provisions is not desirable. Nowadays, we have been able to find the advent of some court decisions dealing with the legal problems as to Time Charterparty. But the lack of propriety in their legal reasoning and conclusions has caused some trouble and lively discussion. Many scholars are afraid of the possibility of spread of the gap between the application of the law and the practical dealings in the shipping business. Review on the nature of time charter make us lead to the conclusion that it is not a sort of charter by demise but a sort of contracts of carriage by sea same as the voyage charter, provided that it is a special form of contract carriage in the sense that time charterers have discretionary right in part over the operation of vessel. Depending on the view that time charter is a sort of carriage contracts, there appear some problems in settlement of legal matters arising out of external relations of time charter, such as the attribution of liabilities to damage of cargo under the sub-charter, etc. Thus, it is said that the relevant provisions of the Commercial Codel must be revised for the purpose of establishment of clear standard and policy deling with those matters.