개정 상법상 선체용선의 법적 지위

A bareboat charter or demise charter is an arrangement for the hiring of a boat whereby no crew or provisions are included as party of the agreement; instead, the people who rent the boat from the owner are responsible for taking care of such things. In a voyage or time charter the charterer can direct where the ship will go but the owner of the ship retains possession of the ship through its employment of the master and crew. In a bare-boat charter, on the other hand, the owner gives possession of the ship to the charterer and the charterer hires its own master and crew. The most important consequences of the distinction between the bare-boat or demise and the other form of charters flow from the fact that the bare-boat charterer or demise charterer is looked on as the owner of the vessel pro hac vice or the disponent owner. In consequence, he qualifies as the ‘owner’ for purpose of the statutes relating to limitation of liability ; he can thus limit under those statutes where the voyage and time charterers clearly cannot. To create a bare-boat or demise the owner of the vessel must completely and exclusively relinquish ‘possession, command, and navigation’ thereof to the demisee. The bare-boat charterer or demise charterer is liable for the loss occurred to the third party in spite of registration ship’s demise when the bare-boat charterer or demise charterer used the ship in the navigation, because the bare-boat charterer or demise charterer has the right of command and management of the master. It is a matter of course that the bare-boat charterer or demise charterer is liable for the loss to the goods covered by the contract of carriage or tort as the shipowner is liable for the case.