ЩОДО ПИТАНЬ ПРАВОВОГО РЕГУЛЮВАННЯ, СУТНОСТІ ТА ОСНОВНИХ ІНТЕРЕСІВ СТОРІН ЗА ДОГОВОРОМ БЕРБОУТ-ЧАРТЕРУ

Abstract

The proposed article stipulates that the regulation of private contractual relations related to transportation under a charter agreement is not subject to international regulations. This means that maritime transport under charter agreements in international traffic is subject to the rules of national law.

For the scope of the charter as the object of contractual relations for transportation is cargo, which due to certain circumstances (large batch size, specific regularity of shipments, etc.) cannot be transferred for delivery to a public carrier - a public transport company. We are talking, as a rule, about the international sea transportation of mass cargoes on long distances. For large consignments of raw materials, energy, metals, agricultural products, etc., public carriers are not of interest to cargo owners. They mainly work on the main routes for the movement of international trade goods, set high prices, adapt ships for the transportation of general cargo, usually containers to accommodate large containers on liner container vessels.

The legal regulation of the charter agreement, as well as the content and conditions of the charter document depend on the type of national law applicable to a particular charter agreement. The Central Committee of Ukraine qualifies a charter as a charter agreement without dividing it into types.

One of the types of charter agreement at present is a contract for the use of another vessel. A bareboat

charter agreement can be defined as an agreement under which the lessor transfers to the charterer a ship without crew and equipment (possibly with partial crew and equipment) for a specified period specified in the contract or for an indefinite period, and the charterer undertakes to pay the lessor fee.