論金康合同對船東與租家的利益再平衡

As a commonly used standard contract model in the field of voyage chartering, the GENCON Contract has undergone three revisions. GENCON 2022 is the latest revised version, which modifies the vague expressions in GENCON 1994 and incorporates commonly used clauses in practice, which is more in line with the principle of fairness and compromise on the interests of the charterer. However, it still tends to protect the interests of the shipowner. The emergence of GENCON 2022 means that the interests of shipowners and charterers will face new risks and challenges. This article will study the new adjustments made by GENCON 2022 clauses to the rights and obligations of both parties by comparing with the previously commonly used GENCON 1994, in order to help shipowners and charterers clarify the content and revision logic of various clauses of GENCON 2022 before signing the contract, and strive for favorable clause protection for themselves, so that the originally “unequal” interest tendency can become a more reasonable “balance”. In order to further promote the rebalancing of interests between shipowners and charterers, China should also make efforts at the legislative, judicial, and social levels to promote the orderly development of the shipping industry.

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Publication Details

Journal
國際人文社科研究
Published
2025-06-20
DOI
https://doi.org/10.63944/eaw1r697
Primary Topic
Law, logistics, and international trade
Type
article
Field-Weighted Citation Impact
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article

論金康合同對船東與租家的利益再平衡

陳 石, 蔡慧存
1 links
國際人文社科研究
Law, logistics, and international trade
article

論金康合同對船東與租家的利益再平衡

陳 石, 蔡慧存
article en

Abstract

As a commonly used standard contract model in the field of voyage chartering, the GENCON Contract has undergone three revisions. GENCON 2022 is the latest revised version, which modifies the vague expressions in GENCON 1994 and incorporates commonly used clauses in practice, which is more in line with the principle of fairness and compromise on the interests of the charterer. However, it still tends to protect the interests of the shipowner. The emergence of GENCON 2022 means that the interests of shipowners and charterers will face new risks and challenges. This article will study the new adjustments made by GENCON 2022 clauses to the rights and obligations of both parties by comparing with the previously commonly used GENCON 1994, in order to help shipowners and charterers clarify the content and revision logic of various clauses of GENCON 2022 before signing the contract, and strive for favorable clause protection for themselves, so that the originally “unequal” interest tendency can become a more reasonable “balance”. In order to further promote the rebalancing of interests between shipowners and charterers, China should also make efforts at the legislative, judicial, and social levels to promote the orderly development of the shipping industry.

國際人文社科研究Vol. 4(7)
Openalex Percentile: Top 79%
Law, logistics, and international trade
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