论航次租船合同当事人的法定义务  

On the Statutory Liabilities of the Parties under Voyage Charter

作　　者：翁子明[1] 

机构地区：[1]广州海事法院

出　　处：《中国海商法年刊》1997年第1期91-101,共11页Annual of China Maritime Law

摘　　要：This paper compares the provisions about the statutory lia-bilities of parties under voyage charter in Chinese Maritime Code with the theory of implied undertaking under common law sys-tem. By analysis and comparison, the paper comes to the conclu-sion that some statutory liabilities of parties under voyage char-ter regulated by Chinese Maritime Code are common with the im-plied undertakings under common law, but there are great differ-ence both in effectiveness and in con.tent. ln effectiveness, the implied undertakings under Comrnon Law are all optional, but some of the statute liabilities in Chinese Maritime Code are com-pulsory, the others are optiona1. In content, the statutory liabll-ities of the parties under voyage charter regulated by Chinese Maritime Code are broader than the implied undertakings under common law.This paper compares the provisions about the statutory lia-bilities of parties under voyage charter in Chinese Maritime Code with the theory of implied undertaking under common law sys-tem. By analysis and comparison, the paper comes to the conclu-sion that some statutory liabilities of parties under voyage char-ter regulated by Chinese Maritime Code are common with the im-plied undertakings under common law, but there are great differ-ence both in effectiveness and in con.tent. ln effectiveness, the implied undertakings under Comrnon Law are all optional, but some of the statute liabilities in Chinese Maritime Code are com-pulsory, the others are optiona1. In content, the statutory liabll-ities of the parties under voyage charter regulated by Chinese Maritime Code are broader than the implied undertakings under common law.

关 键 词：航次租船合同 当事人 法定义务 默示保证 《海商法》 

分 类 号：D996.19[政治法律—经济法学]