Section 2. TIME CHARTER

Article 143.-Time charterparties
1. A time charterparty is a charterparty whereby a shipowner supplies a specific vessel together with its crew to a charterer.
2. A time charterparty contains the following details:
a. The name of the shipowner, the name of the charterer;
b. The name, nationality, class, tonnage engine capacity, capacity, speed and fuel consumption level of the vessel;
c. The operation area of the vessel, use purpose and term of the charterparty;
d. The time, place of and conditions on the delivery and return of the vessel;
e. The charter hire, mode of payment;
f. Other related contents.

Article 144.-Obligations of shipowners under time charter
1. The shiponwer shall be obliged to deliver to the charterer at the right agreed place and on the right agreed time the seagoing vessel in technically safe conditions, properly supplied and adapted for the purpose of employment agreed upon in the contract and maintain such throughout the currency of the charterparty.
2. The shiponwer shall be obliged to supply a complement of crew qualified for the purpose of employment of the vessel agreed upon in the contract and to pay the wages and secure the other legitimate interests of crewmen throughout the currency of the charterparty.

Article 145.- Rights of charterers under time charter
1. The charterer shall be entitled to dispose of the entire space in the vessel appropriated for the carriage of cargo, passengers and luggage.
2. The charterer must not dispose of the other space on board the vessel for the carriage of cargo, passengers and luggage, unless it is consented by the shipowner.

Article 146.-Obligations of charteres under time charter
1. The charterer shall be obliged to employ the vessel for the purposes as agreed upon in the contract and to take due care of the shiponwer’s interests.
2. The charterer shall be obliged to ensure that the vessel be employed only for the lawful carriage of cargo, passengers and luggage.
3. When the period for time charter terminates, the charterer shall be obligeid to redeliver the vessel to the shiponwer at the place and time and in technical conditions as agreed upon, except for the vessel’s natural wear.

Article 147.- Relations between shipowners, charterers and crew of vessels in time charter
1. During the term of a time charterparty, the master and other crewmen shall remain under the shipowner’s labor management. The shipowner shall be completely liable for all matters pertaining to crew.
2. In the operation of the vessel, the master shall be the representative of the charter and must comply with the instructions given by the charterer in accordance with the time charterparty.
3. For the acts of the master performed within his/her powers stated in Clause 2 of this Article, the shipowner shall be liable jointly with the charterer, unless the master has clearly stated his/her commitment that he/she exercises such powers in the name of the charterer.

Article 148.-Division of salvage remuneration under time charter
If during the term of a time charterparty the vessel involves in salvage operations, the remuneration shall be deivided equally between the shipowner and the charterer after deducting the sume covering expenses arising from salvage operations and the share of salvage remuneration due to the crew.

Article 149.- Beyond the term of time charter
If, according to reasonable calculations, the vessel shall complete the last voyage beyond the time for redelivery determined in the charterparty, the charterer may continue to employ the vessel till completion of such voyage; the charterer shall have to pay a hire for such excessive time at the rate determined in the charterparty; if the hire rate on the market is higher than that determined in the charterparty, the charterer shall have to pay the hire at the market price at the time of payment.

Article 150.- Payment of hire under time charter
1. The charterer shall have to pay the hire for the period from the date of receipt of the vessel to the date of its redelivery to the shipowner.
2. The charterer shall not have to pay to the shipowner the hire for any period during which the vessel is unfit for operation on account of technical breakdown, lack of supplies, or incompetent crew. In this case, the charterer shall be relieved of the obligation to pay the costs of the vessel’s maintenance.
3. Where the vessel’s unfitness for operation is due to the fault of the charterer, the shipowner shall still be entitled to the hire and to the compensation for the damage arising therefrom.
4. Where the chartered vessel is missing, the hire shall be calculated until the date when the last information on the vessel is received.
5. Where the charterer fails to pay the hire as agreed upon in the charterparty, the shipowner shall have the right to retain the cargo and property on board the vessel, provided that such cargo and property are under the ownership of the charterer.

Article 151.-Termination of time charterparties
1. Where the failure to perform the obligations specified in Article 144 of this Code is due to the fault of the shipowner, the charterer shall be entitled to terminate the contract and claim for compensation for the damage arising therefrom.
2. Either party may terminate the time charterparty without having to pay compensation to the other if the performance of the contract has been hindered by an outbreak of war, a riot or coercive measures taken by a competent state agency and such event is unable to come to an end within a reasonable time.3. A charterparty shall automatically terminate when the vessel has been lost, sunk, destroyed or has been so damaged that its repair is impossible or uneconomical.