Title: Shipping Finance Law: quiet enjoyment and the registration of use rights of a chartered vessel

Authors: Adam Goldschmidt

Addresses: University of Southern Denmark, Copenhagen, Denmark

Abstract: Quiet Enjoyment Clauses are analysed in the present article. The clauses are inserted in the Charter Parties for the purpose of ensuring the charterer's unrestricted access to, and undisturbed command of, the vessel pursuant to the Charter Party, thus, avoiding a forced sale by the bank, to whom the owner has mortgaged the vessel. The present analysis is based on the current practice of drawing up Charter Parties within the container vessel segment. Quiet Enjoyment Clauses are discussed with regard to the changing market conditions, and with respect to the expediency and the evolvement of these clauses. Ensuring quiet enjoyment by registration of the charterer's right pursuant to the Charter Party in the Danish Shipping Register is also discussed.

Keywords: quiet enjoyment; legal clauses; Danish Shipping Register; chartering law; mortgaged ships; Danish International Ship Register; Denmark; shipping finance; rights registration; chartered vessels; charter parties; charterers; unrestricted access; undisturbed command; forced sales; banks; mortgages; ship owners; container vessels; changing markets; market conditions; expediency; private law.

DOI: 10.1504/IJPL.2012.049356

International Journal of Private Law, 2012 Vol.5 No.4, pp.333 - 351

Published online: 20 Sep 2014 *

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