Bareboat Charter Registry

Marija Pijaca,Nikola Mandić

doi:10.7225/toms.v05.n01.006

Abstract

The purpose of this article is to establish the concept of the bareboat charter registry and draw attention to a few significant international conventions that govern certain aspects of the bareboat charter registry. Also, the purpose is to present models which various countries apply to regulate the registration of vessels during the bareboat charter and analyse the contents of the provisions of the bareboat charter that regulate the relations between the contracting parties who wish to have the vessel registered in the bareboat charter registry. BIMCO’s Standard Bareboat Charter, also known under the code name BARECON 2001, will be used to lay out the provisions applicable to vessels registered in the bareboat charter registry.

Highlights

When discussing the distinctive features of a bareboat charter which warrant its separation from other modes of use of maritime vessels, among other things to be listed one certainly must mention the bareboat charter register
This paper will outline the provisions of several maritime conventions that govern certain aspects of the registers in question, describe the models that various countries use to regulate the registration of chartered vessels in the bareboat charter register, and analyse the bareboat charter provisions which regulate the relations between the contracting parties at the registration of the vessel in the bareboat charter register
If the owner defaults in the payment of any amounts due under the mortgage(s), under BARECON 2001, the charterer may deregister the vessel from the bareboat charter register and terminate the charter without prejudice to any other claim that he may have against the owner (BARECON 2001, Part V, Art. 3)

Summary

INTRODUCTION

When discussing the distinctive features of a bareboat charter which warrant its separation from other modes of use of maritime vessels, among other things to be listed one certainly must mention the bareboat charter register. The bareboat charter register is a significant phenomenon in maritime law, primarily when it comes to regulations on the registration of vessels It does suffer from a lack of certainty when it comes to its legal nature and interpretation. That part starts with the practice and “unique” use of standard contract forms that facilitate legal transactions between contracting parties One such form is the Standard Bareboat Charter, known under the code name BARECON 2001,1 issued by Baltic and International Maritime Council (BIMCO). Part V of the said form contains provisions under the heading Provisions to apply for vessels registered in a bareboat charter registry, which we will analyse in full in order to determine whether they meet the needs of the contracting parties who wish to regulate their relations. Marija Pijaca and Nikola Mandić: Bareboat Charter Registry only if one determines the fundamental elements of a bareboat charter, which we will do below

MAIN FEATURES OF THE BAREBOAT CHARTER

THE CONCEPT OF THE BAREBOAT CHARTER REGISTRY

BAREBOAT CHARTER REGISTRY ACROSS LEGISLATION

REGISTRATION OF VESSELS IN THE BAREBOAT CHARTER REGISTER UNDER BARECON 2001

CONCLUSIONS