Analysis of the Legal system governing the duration of the ship loading and discharging operations: in the light of original planning

Authors

1 Department of private law, South Tehran Branch. Islamic Azad university, Tehran. Iran.

2 Department of private law, South Tehran branch, Islamic Azad university, Tehran, Iran.

3 Department of Public International Law, Central Tehran Branch. Islamic Azad University, Tehran, Iran

Abstract

Maritime transport is one of the important pillars of countries' economies that plays an important role in the relations between different places and regions, so the nature of maritime law is geography. In the shipping industry, time is considered one of the most important pillars; therefore; ship voyage contracts explicitly or implicitly provide for the permitted duration of the ship's loading and discharging operations (lay time). The main problem with lay time is determining the point from which the process of allowed time of porting the ship begins. In order to start lay time, conditions regarding the arrival of the ship to the destination, ship readiness, tendering notice of readiness are necessary, which is related to regional planning. Factors lead to the suspension of the Lay time period in which case it will delay the end of the said period and the interruption time to restart will not be considered as Lay time. The voyage charter like other contract is subject to the principle of freedom of will of the parties, so the parties of contract may by mutual agreement and by inserting terms such as (holidays and working days), suspend the lay time and or that the lay time is suspended due to legal reasons such as the ship owner's fault. The main question that comes to mind in this regard is what are the legal conditions for determining the allowable time of loading and discharging the ship? With a descriptive- analytical approach, we will seek a convincing answer.

Keywords

References

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Geography (Regional Planning)
Volume 11, Issue 45
December 2021
Pages 845-869

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