CHARTERING

Obligations of Parties

A LIEN ON THE CARGO

For the payment of the freight, the deadfreight, the demurrage and claims for damages the Owner has a lien on the cargo. (See also the Gencon, Clause 8, Lien Clause.)

IMPORTANT REMARK

Re the contract of affreightment there are no conventions or laws of public order. The parties involved in such a contract are at liberty to agree to whatever they want, provided they don’t make agreements which are contrary with the uses and customs of a place and which are usually incorporated in a national or local legislation.

For the negotiable bill of lading (and which has been negotiated) we have the Hague-Visby Rules which are of public order and from which the parties concerned may not depart.

For the charter party we don’t have such a law but in many countries the charter party negotiations and/or procedures are incorporated in Commercial Codes. It is therefore important to find out what law regarding the contract of affreightment apply to the country of a party one is dealing with (or of the harbour where the goods are being loaded or discharged).

So, according to the Belgian law (Book II of the Commercial Code) and with regards to the lien on the cargo, the following can be of importance:

for payment of the freight, the Owner may ask the court to sell part of the cargo or to take possession of the cargo
for payment of the freight, the master does not have the right to hold the goods in his ship;
for the freight, the Owner is a privileged creditor.

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