Shipping Finance Law: quiet enjoyment and the registration of use rights of a chartered vessel
by Adam Goldschmidt
International Journal of Private Law (IJPL), Vol. 5, No. 4, 2012

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.

Online publication date: Sat, 20-Sep-2014

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