ABSTRACT

A contract of carriage is form free: its existence does not depend on formal requirements such as signatures, stamps or the issuance of specific transport documents. The parties must reach an agreement on the essentials of their contract, and the corresponding intention of the contracting parties constitutes the contract of carriage. The charter party has taken its name from the Roman concept of a 'charta partita', that is a divided or split document. The document would evidence a sale contract, the ownership of property or the use of a ship to carry goods by sea. The document was signed by the parties, and then torn in two so that the contracting parties both availed of an original part. A charter party involves an owner and a charterer. Three different types of charter parties are generally distinguished. These are bareboat charters, time charters and voyage charters.