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  1. 1 Prawo Morskie

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  1. 1 2004

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  1. 1 Kochanowski K.

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The concept of demurrage and detention applied to the container trade in Poland

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Kochanowski K.
Prawo Morskie
|
2004
|
vol. 20
133-146
EN
This article discusses two very controversial issues in shipping practices, namely, demurrage and detention. The author analyzes the question of whether the regulations in the maritime law regarding demurrage and detention can be applied to containers, which are neither vessels nor even integral parts of them.It is impossible to accept that the fee collected by maritime shippers for the detention of containers by the recipients for a period exceeding that which is the reasonable time of landing could be of a lease fee character. On the contrary, the name, the character of the service, the aim in which the shippers reserve their right to it, as well as the means of its calculation and collection indicate that, in general, it is compensation or a mutually agreed penalty.
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