|Legal Aspects on Demurrage Under
Voyage Charter Party.
by Miss Doungdaun
Thongsuk (1991) ;Master degree thesis. *(The Full Text view in Thai Language only)*.
The objective of this thesis is to study the legal status and legal consequence of
demurrage under Thai laws. Demurrage is money payable by the charterer to the shipowner
once the laytime allowed for loading or discharging of cargo has expired in order to
compensate the shipowner for such delay. Demurrage may be specified either in lumpsum, as
a rate or as a method for calculation in the charterparty and or bill of lading. The
disputes oftenly arise under a voyage charterparty are claim for demurrage, calculation of
demurrage time and its exception, calculation of demurrage and dispute on delay in payment
of demurrage. Demurrage and its legal status under common law is different from those
under Latin law, for example, demurrage is considered as liquidated damages in England
while it is considered as damages or supplementary freight in the United States of
It was found by this thesis that the legal status of demurrage under Thai laws is
comparable to penalty pursuant to the Civil and Commercial Code of Thailand, and its legal
consequence is considered as a breach of immaterial condition for which the shipowner
cannot terminate the contract, but is entitled to claim for demurrage arising therefrom.
If the payment of demurrage is delayed, the shipowner can claim for interest thereon. The
pericd of prescription of a claim for demurrage is 10 years as specified in Section 164 of
the Civil and Commercial Code.