“Owners’ Responsibilities” Clause Of Gencon 2022: An Assessment Under The Hague / Visby Rules, Gencon 94 Charter Party and the Turkish Commercial Code


Taşkın M.

İstanbul Medeniyet Üniversitesi Hukuk Fakültesi dergisi, cilt.8, sa.2, ss.887-907, 2023 (Hakemli Dergi)

Özet

The international nature of carriage of goods by sea has necessitated the establishment of uniform rules in progress of time. To address this need, standard contracts are developed by organizations engaged in maritime law. There is no obligation to use these standard forms in question, which are qualified as general terms and conditions and are drafted by international organizations operating in the field of maritime law. These standard forms are periodically updated in accordance with requirements of practice and considering the international character of maritime law and they are frequently employed by stakeholders who are reluctant to be subject to an unfamiliar legal system. Among these commonly used standard forms, the GENCON, prepared by BIMCO (“The Baltic and International Maritime Council”), holds a prominent position. GENCON charter party, containing the fundamentals of voyage charter agreements, was first introduced in 1922 and subsequently revised in response to practical needs in 1976, 1994, and most recently in 2022. With the revision in 2022, substantial alterations were made to certain clauses of GENCON 94 charter party.