When negotiating a charterparty, it is important to appreciate that a charter “on subjects”, even if what has been achieved is fully agreed in principle, will usually only become binding if or when all “subjects” applicable have been lifted within a stated deadline; failing which the “subjects” have not been satisfied and the contract does not become legally binding.
Furthermore, unless the “subjects” are clearly agreed on a basis which obliges one party to take reasonable steps to seek to satisfy the “subjects” within a stated deadline, there is often no basis on which to pursue that party for damages if it does not lift the “subjects” within the deadline.
Please see attached file for details.
谨慎对待租约中的“Subjects”
谈判租船合同须谨慎对待租家在合同中的特定语言“on subjects”，即使原则上已经完全同意达成协议，但合同通常只有在特定期限内消除(lift)了所有“subjects”才能产生法律效力，某些“subjects”不能满足的话合同就没有法律约束力。
此外，除非已经明确达成约定迫使一方采取合理的措施以满足“subjects”，否则，如果在特定期限内未消除“subjects”，通常没有依据可以要求这一方进行损害赔偿。
详细信息请参阅附件。
