Law concerning the private law of inland waterway transport (inland waterway transport law-BinSchG)

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BinSchG

Date of completion: 15.06.1895

Full quote:

" Inland Waterway Law in the revised version published in the Federal Law Gazette, Part III, outline number 4103-1, the latest by Article 5 of the Law of 20 April 2013 (BGBl. I p. 831).

Status:

Last amended by Art. 5 G v. 20.4.2013 I 831

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1975 + + +) 
(+ + + measures due to EinigVtr cf.  BinSchPRG Annex EV, 
 No longer apply + + +) 

  

Heading: IdF d. Art. 3 No. 1 G v. 21.4.1986 I 551 mWv 1.6.1986

First section
Ship Owner

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§ 1

For the purposes of this Act, ship owners shall be the owner of a ship intended for navigation on rivers or other inland waters and used for this purpose. Unofficial table of contents

§ 2

(1) Anyone who uses a ship not belonging to it for inland navigation and either leads it himself or entrusts it to a skipper is considered to be a shipowner within the meaning of that law. (2) The owner can: which, from the use of the ship, derides a claim as a voyage creditor (§ § 102 to 115) shall not prevent the application of the claim unless it proves that the use of the ship is not contrary to an illegal and the creditor was in good faith. Unofficial table of contents

§ 3

(1) The shipowner shall be responsible for the damage suffered by a person of the crew or a pilot who is on board to a third party in the execution of his/her duties. (2) The ship ' s crew shall be the skipper, who shall: Ship crew (§ 21) and all other persons employed on the ship. Unofficial table of contents

§ 4

(1) The shipowner may be liable for claims for damage to persons and property on board or in direct connection with the operation of the ship or with a rescue, including a wreck removal as referred to in paragraph 4. as well as for claims arising from the removal of wreckage, unless the ship is used for sport or for recovery and not for the purchase. The claims shall be subject to the limitation of liability, irrespective of the basis on which they are based, whether they are private or public law, and whether they are based on a contract or otherwise as a recourse or a recourse to a contract. Claims arising from wreck removal and claims under the second sentence of paragraph 3 shall not, however, be subject to the limitation of liability in so far as they are based on a contractually agreed remuneration. (2) Claims for Personal injury is caused by the killing or the injury of persons. (3) Claims because of property damage

1.

such because of loss of or damage to property;

2.

such as the delay in the carriage of goods, passengers or their luggage;

3.

other property damage caused by the breach of non-contractual rights.

Claims for property damage are also claims of a person other than the debtor for measures to prevent or reduce personal or property damage, for which the debtor limits his liability in accordance with paragraphs 1, 2 and 3 sentence 1 (4) Claim for the removal of wreckage shall be such as to reimburse the costs of raising, eliminating, destroying or rendering harmless a sunken, haunted, fixed or abandoned ship, including everything on board. or has been found, and for disposal, destruction or harmless-making the cargo of the ship. Claims arising from the removal of wreckage shall also be claims of a person other than the debtor for measures to avoid or reduce the costs referred to in sentence 1, for which the debtor may limit his liability. (5) As a ship in the sense of this provision shall also be regarded as small vehicles. Unofficial table of contents

§ 5

The limitation of liability according to § 4 is not subject to

1.

claims from salvage as well as claims for contribution benefit to the great Haverei;

2.

claims against the person who is liable for nuclear damage in accordance with an applicable international agreement or the Atomic Energy Act;

3.

Rights of shipowners whose duties are related to the operation of the ship or to the work of mining or assistance or wreck removal, as well as the claims of their heirs, their relatives or any other person to make use of the right to claim such claims by an authorized person if the service contract is subject to German law or if it is subject to foreign law, under which the liability for such claims cannot be limited globally;

4.

Claims under Article 89 of the Water Resources Act;

5.

Claims for reimbursement of the costs of legal proceedings.

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Section 5a

If the shipowner has a counterclaim against the creditor of a claim as set out in paragraph 4 of this Article, which is the result of the same event, he may limit his liability only in respect of the amount of the claim against him which shall be directed to him or her. Withdrawal of the counterclaim remains. Unofficial table of contents

Section 5b

(1) The shipowner may not limit his liability in accordance with the provisions of this Section if the damage is due to an act or omission which he/she himself intends to cause such damage, or (2) If the shipowner is a legal person or a commercial company, he shall not be able to limit his liability if he/she is Damage to an act excluding the limitation of liability referred to in paragraph 1 or omission of a member of the authorized body or of a member entitled to represent it. Unofficial table of contents

§ 5c

(1) In the application of the rules on the limitation of liability, the ship owner shall be equal:

1.

the owner, charterer and supplier of the ship;

2.

any person who, in direct connection with a rectification or removal of wreckage, provides services relating to an inland waterway vessel or the cargo of such a ship, and either exclusively on that ship or from any one of its own Inland waterway ship still to be provided from a seagoing ship (Berger);

3.

any person responsible for the acts, ominous or fault of the shipowner or any of the persons referred to in points 1 and 2.

(2) If the debtor is a commercial company, any shareholder may also limit his personal liability for any claims for which the company can limit its liability. (3) An insurer who is liable for liability in relation to Any claims which are subject to the restriction in accordance with these regulations may be invoked against third parties in relation to the limitation of liability to the same extent as the insured person. Unofficial table of contents

§ 5d

(1) Liability may be limited to the limits of liability referred to in § § 5e to 5k. (2) The limitation of liability may be brought about by the establishment of a fund under the terms of the shipping law distribution system or by the Establishment of a fund in another Contracting State of the Strasbourg Convention on the Restriction of Liability in Inland Waterways-CLNI (BGBl. 1643). (3) The limitation of liability can also be invoked without the establishment of a fund by means of an objection with effect for claims only against the person who collects it. In this case, § § 15, 23 para. 1, 3 sentence 1, 3 and 4 in conjunction with § 46 (1) and 2 (1) and (2), § 26 (4) to (6) of the Maritime Law Distribution Order shall be applied accordingly; Section 305a of the Code of Civil Procedure shall remain unaffected. Unofficial table of contents

§ 5e

(1) The maximum amount of liability on which the liability for the totality of claims arising from the same event can be limited due to personal injury shall, unless it is a claim within the meaning of § § 5h and 5k, as follows: calculated:

1.

In the case of a passenger ship or other ship which, according to its intended purpose, does not serve the carriage of goods, 200 units of account per cubic metre of water displacement shall, unless otherwise specified in points 3 and 4, be to the maximum permissible draught of the ship, in the case of ships with their own propulsion force, increased by 700 units of account per kilowatt capacity of the propulsion machinery.

2.

For a ship which is intended for the purpose of transporting goods, 200 units of account per tonne of ship carrying capacity shall be set up, and in the case of ships with a driving force of their own, more than 700 units of account per kilowatt Performance of the drive machines.

3.

700 units of account per kilowatt capacity of the drive machines are to be used for a towing or pusher boat.

4.

For a dredger, crane, elevator or other floating and moving equipment or a device of a similar nature, the value of the equipment or equipment at the time of the event giving rise to the liability shall be set.

(2) In the case of a dragboat which was rigidly connected to one or more thrust chords at the time of the event giving rise to a pusher, the amount to be set for the pusher boat referred to in paragraph 1, point 3 shall be increased by 100 Units of account per tonne of load-bearing capacity of the sabers, unless the pusher boat has provided salvage operations for one or more of these Schudaughters. If the limit of liability for the pusher boat is increased in accordance with the first sentence, the maximum liability for all claims arising from the same event shall be reduced by the same amount for each of the thrust subsidiaries rigidly connected to the pusher boat. Sentence 2 shall not, however, apply to a claim of the debtor liable for the pusher boat against the debtor liable to be rigidly connected to the pusher boat for an adjustment in the internal relationship. (3) Paragraph 2 shall apply accordingly to A vessel with its own propulsion force, which at the time of the event of the foundation has been permanently coupled to one or more ships which do not constitute installations or equipment within the meaning of paragraph 1 (4), and for the coupled vessels, but , with the proviso that the amount to be used for the continuing ship shall be the amount to be applied in accordance with paragraph 1: by 100 units of account per cubic metre of water displacement or per tonne of carrying capacity of the other vessels. (4) In any case, the maximum amount of liability shall be at least 200,000 units of account, insofar as these are not lighters, which shall be: are used for transhipment in ports. Unofficial table of contents

§ 5f

(1) The limit of liability on which the liability for the totality of the claims arising from the same event can be limited due to property damage is, unless the claims are claims within the meaning of § 5h, half of the liability according to § § 5 h. (2) In the case of the satisfaction of the maximum liability referred to in paragraph 1, priority shall be given to claims for damage to port facilities, harbor basins, waterways, locks, bridges and navigational aids. Unofficial table of contents

§ 5g

If the maximum amount of liability according to § 5e is not sufficient for claims for personal injury to the full satisfaction of these claims, the amount calculated in accordance with § 5f (1) shall be entitled to the satisfaction of the non-satisfied residual claims in accordance with § 5e is available. The claims for personal injury have the same rank as the claims for property damage; § 5f para. 2 is not applicable to this extent. Unofficial table of contents

§ 5h

(1) For the totality of claims arising out of the same event for damage caused to third parties by dangerous goods carried on the ship of the debtor, if the claims are not such as in accordance with § 89 of the German Water Resources Act, a separate liability limit. The maximum liability shall be made available exclusively for the satisfaction of the claims referred to in the first sentence. Dangerous goods within the meaning of the first sentence shall be the substances or objects the transport of which is prohibited by the following provisions or which is authorised in accordance with the conditions laid down therein:

1.

Part 2, Chapter 3.2, Table A, and Section 3.3 of the Regulation annexed to the European Convention on the International Carriage of Dangerous Goods by Inland Waterways (ADN), as amended by the Notice of 5 June 2009 (BGBl. 2009 II p. 534-Investment countries; 2010 II p. 122, 123, 1183, 1184), as last amended by decision of the ADN Management Committee of 26 August 2010 (BGBl. 2010 II p. 1550), in the version in force in Germany, or

2.

Annex 2 outline numbers 1.1 and 1.2 of the Road, Rail and Inland Waterway Dangerous Goods Regulation as amended by the Federal Law Gazette of 16 December 2011 (BGBl. 2733), as amended.

(2) The maximum amount of liability referred to in paragraph 1 shall be:

1.

for the totality of claims for personal injury resulting from the same event, three times the maximum liability in accordance with § 5e, but at least 5 million units of account;

2.

for the totality of the claims arising from the same event for damage to property, three times the maximum liability amounts pursuant to § 5f, but at least 5 million units of account.

(3) In the event of satisfaction from the limit of liability referred to in paragraph 2 (2), claims for damage to port facilities, harbor basins, waterways, locks, bridges and navigational aids shall be the priority. (4) The amount of the liability referred to in paragraph 2 (1) shall be: the maximum amount of liability for claims arising from personal injury to the full satisfaction of such claims shall not be granted, the amount calculated in accordance with paragraph 2, point 2 shall be the satisfaction of the non-satisfactory repayment entitlements referred to in paragraph 2 (1) of the Available. In this case, the claims for personal injury have the same rank as the claims for property damage; paragraph 3 is not applicable to this extent. Unofficial table of contents

§ 5i

By way of derogation from § § 5e, 5f (1) and § 5h, a Berger within the meaning of Section 5c (1) (2) or a pilot acting on board may be liable for the totality of the claims arising from the same event on account of personal injury to a person who is liable for personal injury. Limit of liability in the amount of 200,000 units of account as well as for claims for property damage to a maximum liability amount of 100,000 units of account. § 5f para. 2 and § 5g apply accordingly. Unofficial table of contents

§ 5j

A separate limit of liability shall apply to all claims arising out of the same event from the disposal of wreckage. This amounts to half of the maximum liability amounts according to § 5e. The maximum liability amount is only available for the satisfaction of the claims arising from wreck disposal. Unofficial table of contents

§ 5k

(1) For the totality of claims arising from the same event, on account of the killing or injury of persons who:

1.

on the basis of a contract for the carriage of persons, or

2.

with the consent of the carrier, accompanied by a vehicle or live animal carried on the basis of a contract for carriage of goods by the ship

the ship has been transported by ship (traveller), a separate liability ceiling shall apply. (2) The maximum liability for claims for personal injury to passengers referred to in paragraph 1 shall be 60,000 units of account multiplied by the number of persons who are liable for personal injury. Passengers who are allowed to carry the ship after the ship ' s certificate. Where the number of passengers allowed to be transported is not specified, the maximum liability shall be determined by the number of passengers who actually carried the ship at the time of the event which was due to take place. However, the maximum liability shall be at least 720,000 units of account and not more than 12 million units of account. (3) By way of derogation from paragraph 2, the maximum liability for a Berger within the meaning of Section 5c (1) (2) or one on board shall be: Pilots 720,000 units of account. Unofficial table of contents

§ 5l

The unit of account referred to in this section shall be the Special Drawing Right of the International Monetary Fund. The maximum amounts of liability in accordance with § § 5e to 5k shall be in euro in accordance with the value of the euro in relation to the special drawing right at the time of the establishment of the liability fund or the performance of a security approved by the court Of course. If the restriction of liability is claimed in the way of the plea pursuant to section 5d (3), the relevant date for the conversion shall be the date of the judgment. The value of the euro in relation to the Special Drawing Right shall be determined by the calculation method used by the International Monetary Fund on the day in question for its operations and transactions. Unofficial table of contents

§ 5m

§ § 4 to 5l shall apply without regard to the law applicable under international private law, if at the time of the foundation-based event

1.

the ship for which liability is to be limited, a German body of water, or any other of the Strasbourg Convention on the Restriction of Liability in Inland Waterways-CLNI (BGBl). P. 1643), or

2.

the measures to be taken in respect of a vessel or seagoing ship in danger in the area of such waters or for the cargo of such a vessel or sea vessel have been provided, or

3.

a vessel in the area of such waters has been lifted, destroyed, destroyed or rendered harmless, or the cargo of such a vessel has been lifted, fixed or abandoned.

Is the event on a foreign, the Strasbourg Convention on the restriction of liability in inland waterways-CLNI (BGBl. However, by way of derogation from Section 5k (2) sentence 3, the maximum liability amount for the entirety of the claims arising from the same event shall be determined by reason of the killing or injury of passengers. according to the law applicable under private international law. Unofficial table of contents

§ 6

(1) The court of the place from which the ship is operated with the vessel (hometown) is, subject to § 3 (1) of the Law on the Judicial Procedure in Inland Waterways proceedings of 27 September 1952 (Federal Law Gazette). 641), in respect of all proceedings brought against the shipowner as such, without distinction as to whether he or she is personally liable or only with the ship. (2) In several places considered hereunder, the place where the place of origin shall be considered shall be the place of origin of the place where the (3) If a place of hometown is not established, the place where the place of residence is not established shall be deemed to be the place where the place of residence of the shipowner is not established. Shipowners are taxed on the industrial tax or income tax.

Second section
Schiffer

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§ 7

(1) The ship's guide (Schiffer) is required to exercise the diligence of a regular ship in all directions of service, including in the performance of the contracts to be carried out by him. (2) He shall be liable for each of the Neglect of this diligence not only to the owner of the ship but also to the cargo participants (consignor and consignee), to the persons transported and to the crew of the ship, unless it is carried out at the instructions of the shipowner has acted. In the latter case too, the skipper shall remain responsible if he has omitted to give the ship owner the information required by the situation of the case, or if he or she is responsible for a criminal offence. (3) By granting the The shipowner shall be required to notify the ship if he has been informed of the contractual relationship. Unofficial table of contents

§ 8

(1) Before starting the voyage, the skipper shall see that the ship is in the notorious condition, is properly set up and equipped, and is adequately manned, and that the ship's documents and cargo directories are on board. (2) It has for the The ability of the equipment to be loaded and extinguished, for the proper congestion of the cargo, and to ensure that the ship is not laden with heavy load, as the carrying capacity of the cargo and the respective water level conditions permit. (3) the skipper abroad, the regulations in force, in particular the Police, tax and customs laws are not observed, so he has to replace the resulting damage. (4) (omitted) Unofficial table of contents

§ 9

(1) If the ship is prevented from carrying out the ship by illness or other causes, it must not unduly delay the entry or continuation of the journey; it must, if time and circumstances permit, the order of the ship. In the meantime, take the appropriate precautions, but in the opposite case use another skipper. (2) For this deputy, he is responsible only in so far as he or she is responsible for the choice of the same. The debt is a burden. Unofficial table of contents

§ 10

(1) The skipper shall be obliged to inform the ship owner of any damage to the ship or the cargo, the transactions received and the establishment of another vessel (§ 9). In all significant cases, in particular where he/she is to cease or modify the journey, he shall seek to grant the ship's owner the rules of compliance, provided that circumstances permit. (2) In the interests of the The person responsible for the charge shall be responsible for the best of the cargo during the voyage for the best of the cargo. (3) If special measures are required to avoid or reduce a loss, he shall, if tunnally, have the instruction of the to obtain the cargo involved, otherwise to take the necessary action itself, and to ensure that operators are informed of the incident and the resulting measures in a slow manner. Unofficial table of contents

§ 11

(1) If the ship or cargo is affected by an accident, the skipper shall be entitled and, at the request of the shipowner or a cargo participant, shall be obliged to take place before the local court of the place where the voyage ends and, if the The vessel must remain in another place for a long period of time, before the local court of that place, to take evidence of the actual fall, the extent of the damage which has occurred and the extent of the damage which has occurred or to the extent of the damage suffered. shall be applied for. (2) If the taking of evidence before the court referred to in paragraph 1 has not been required, the skipper shall be called upon to give evidence of his or her own testimony and to refer to the evidence which is otherwise necessary to establish the relationship. shall, at the request of the shipowner or a cargo operator, have the right to apply for the taking of evidence before the local court responsible for inland waterway matters in whose district the accident occurred. Unofficial table of contents

§ 12

In order to receive the proof, the court determines a very close appointment, to which the skipper and the otherwise designated witnesses are to be charged. The shipowner and the cargo operator shall be notified of the date of the date, in so far as it can take place without a disproportionate delay in the procedure. The notification may be made by public notice. Unofficial table of contents

§ 13

(1) The acceptance of the proof shall be carried out in accordance with the provisions of the Code of Civil Procedure. (2) To the extent that the insult to the ship is not excluded, the court shall decide on the same by the court at its discretion. (3) The ship and cargo Participants, as well as those affected by the accident for example, are entitled to attend the trial in person or by representatives of the trial. They may request an extension of the taking of evidence for further evidence. (4) The court has the power to order an extension of the taking of evidence, even on its own merits, to the extent that this appears necessary to clarify the facts. Unofficial table of contents

§ 14

(1) (2) If the procedure is requested at the request of a cargo participant, he shall reimburse the costs incurred to the extent that he is not entitled to compensation for the damage caused to him by the accident. This does not affect the obligation of the shipowner to reimburse the shipper for the expenses incurred. (3) In the case of the great Haverei, the provision of § 84 applies. Unofficial table of contents

§ 15

(1) If the ship is not located at the place of hometown or in a place where the shipowner has a business place of business, the skipper shall have the power to collect the freight claims against third parties, as well as for the carry out all transactions and legal acts which require the execution of the voyage. (2) For the purpose of committing interchangeable liabilities, for the divestment or pledge of the ship and for the conclusion of freight contracts, the Schiffer only on the basis of a full power of the shipowner's authorisation to do so authorized. Unofficial table of contents

§ 16

(1) Legal transactions which the skipper enters while the ship is located at one of the places referred to in § 15 para. 1 shall be binding for the ship owner only if the ship has acted on the basis of a power of atonation, or if a (2) The Schiffer is authorized to issue a loading certificate without distinction of the place. Unofficial table of contents

§ 17

The shipowner, who has limited the legal powers of the shipowner, may only oppose a third party's failure to comply with those restrictions if he proves that they were known to the third party. Unofficial table of contents

§ 18

In relation to the ship owner, the provisions of Sections 15 and 16 are also applicable to the extent of the ship's powers, insofar as the ship owner has not limited these powers. Unofficial table of contents

§ 19

(1) By means of a legal transaction which the skipper, in his capacity as the leader of the ship, has concluded, whether without the name of the shipowner, within its legal powers, the shipowner shall become the third party to the ship. (2) The Schiffer himself shall not be bound by the transaction to the third party, unless he or she has ensured that he or she has fulfilled his or her duties or has exceeded his or her powers. Unofficial table of contents

§ 20

(1) The skipper, unless otherwise specified in this Act, shall be subject to the rules applicable to technical employees within the meaning of the commercial order. (2) (3) (4) If the skipper has made a voyage, he shall remain in service until the end of the voyage and for the removal of the ship, unless there is a reason justifying the immediate departure. (5) The ship shall be entitled to the cost of the return journey to the place where he or she has entered service prior to the arrival of the ship at the place of destination during the journey. This provision shall not apply if the skipper is guilty of an act which is capable of justifying his immediate dismissal. (6) If a reason justifying the immediate dismissal does not exist, the However, he may at any time be relieved of his service, but without prejudice to his claims for compensation for the period up to the end of the contractual period of the service or until the expiry of the period of notice.

Third Section
Ship crew

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Section 21

(1) With the exception of the shipowner, the vessel crew shall include the crew members of the ship ' s crew, in particular the helpers, boat people, sailors, sailors, ship ' s young, machinists and Heaters. (2) The ship team is subject to the industrial order. Unofficial table of contents

Section 22

The obligation of the shipyards to enter the service shall begin, if nothing else is agreed, with the conclusion of the service contract. If the shipyter does not act within twenty-four hours, he will no longer be required to be accepted. This shall not affect the claim of the shipowner for damages. Unofficial table of contents

Section 23

(1) The shipowner shall comply with the instructions of the shipowner in the sight of the ship's service and shall at all times carry out all the works assigned to him for ship and cargo. (2) He shall not be allowed to ship the ship without the ship's permission. (3) The ship shall be responsible for the rescue of the persons and their luggage as well as for ensuring the ship's parts, equipment and cargo to ensure the ship's orders in accordance with the best possible means. Unofficial table of contents

§ 24

If nothing else has been agreed upon over the period of the payment of wages, the shipyards may at the end of each second week demand the payment of the earned wage. Unofficial table of contents

Section 25

(1) (2) After the commending of the voyage, the shipowman is obliged to remain in service until the end of the voyage and for the desolation of the ship, unless there is a reason justifying the immediate departure. (3) The ship's man shall be entitled to the cost of the return journey to the place where he has entered service prior to the arrival of the ship at the place of destination during the voyage. This provision shall not apply if the ship's man is guilty of an act which is capable of justifying his immediate dismissal. (4) If a reason justifying the immediate dismissal does not exist, it may be the shipyard shall be relieved at any time of his service, but without prejudice to his claims for compensation for the period up to the end of the contractual duration of the service or until the expiry of the notice period.

Fourth Section
Cargo business. Ship transfer contracts

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Section 26

The freight business for the carriage of goods by inland waters is subject to the provisions of the fourth section of the Fourth Book of the Commercial Code. Unofficial table of contents

§ 27

(1) Articles 553 to 556 of the Commercial Code are to be applied in accordance with the contract for the rental of an inland waterway vessel. (2) The contract for the transfer of an inland waterway vessel with crew on time for the purpose of the carriage of goods or persons or the provision of other agreed services by the person who makes the ship available, § § 557 to 569 of the Commercial Code shall be applied accordingly. Unofficial table of contents

§ § 28 to 76 (omitted)

Fifth Section
Carriage of passengers and their luggage

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Section 77

§ § 536 to 552 of the Commercial Code shall apply accordingly to the carriage of passengers and their luggage on rivers and other inland waters.

Sixth Section
Great Haverei

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Section 78

(1) If the ship, the fuel, the cargo or several of these objects are intentionally damaged or sacrificed for salvation from a common hazard on the ship's order, or for that purpose shall be disposed of on the ship's order. Expenses (Great Haverei), the resulting damages and expenses shall be borne jointly by the parties concerned. The person concerned shall be the person who owns the ship, the fuel, or a freight item belonging to the cargo at the time of the hatred, or the owner of the freight claim. (2) The persons entitled to remuneration shall have their claims on the the rights of a ship's creditor to the ship (§ § 102 to 115) by the owner of the ship as well as by the owner of the freight claim (§ § 102 to 115). (3) § § 589 to 592, 594 and 595 of the German Commercial Code are the apply in accordance with the requirement that the items be placed on the items for distribution , which is to be attributed to a person concerned in accordance with the second sentence of paragraph 1. Unofficial table of contents

§ § 79 to 91 (omitted)

Seventh Section
Collision of ships. Bergung

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§ 92

(1) The obligation to pay compensation for the collision of inland waterway vessels shall be determined in accordance with the provisions of § § 92a to 92f. (2) Inserting a ship by executing or omission of a manoeuvre or by failing to observe a regulation shall apply to another ship In the case of a ship or the persons or objects on board of the ships, without a collision, the provisions of Sections 92a to 92f shall apply. (3) Ships within the meaning of these provisions shall also be subject to the following: Small vehicles should be considered. The ships are equal to movable parts of the ship's bridges. Unofficial table of contents

§ 92a

In the event of a collision between ships, there is no right to compensation for the damage inflicted by accident or force majeure on the vessels or on the persons or property on board, or the causes of which are undetermined. Unofficial table of contents

Section 92b

If the damage is caused by the fault of the crew of one of the ships, the owner of that ship shall be obliged to compensate for the damage. Unofficial table of contents

§ 92c

(1) Where the damage is caused by the joint fault of the crew of the vessels involved, the owners of such vessels shall be liable for the damage inflicted on the ships or on the goods on board, in accordance with the ratio of: of the seriousness of the debt on each side. If, in the circumstances, such a relationship cannot be fixed or if the fault on each side appears to be equally difficult, the shipowners shall be subject to the same obligations. (2) For the damage caused by the killing or the injury to the body or the health of a person on board, the shipowners shall be liable, if the damage is caused by common fault, the injured person as a full debtor. In the case of the shipowners, the provisions of paragraph 1 shall also apply to such damage. Unofficial table of contents

§ 92d

In the case of the application of § § 92b, 92c, the fault of a pilot operating on board shall be equal to the fault of a member of the ship's crew. Unofficial table of contents

§ 92e

§ § 92 to 92d shall also apply if the vessels involved belong to the same trafficking association. Unofficial table of contents

§ 92f

(1) § § 92 to 92e also apply to the liability of the persons of the ship's crew and the pilots. (2) The provisions relating to the limitation of the liability of the ship owner, the crew members and the pilots and their liability from contracts remain unaffected. Unofficial table of contents

§ 93 Bergung

(1) The rights and obligations of the Bergers, who are not engaged in a seagoing ship, who provides assistance to an inland waterway or other property in danger of internal waters, as well as to the rights and obligations of the other persons to the § § 574 to 584, 585 (2) and (3), § § 586 and 587, 606 (3) in conjunction with § 607 (7) and § 618 of the German Commercial Code (Handelsgesetzbuch) as well as Article 8 of the Introductory Act to the German Commercial Code (Handelsgesetzbuch) (2) The creditor of a claim for salvage, on special remuneration or on special remuneration. In accordance with Section 102 (3), the costs of salvage have the rights of a ship's creditor to the recovered ship for his claim. Unofficial table of contents

§ § 94 to 101 (omitted)

Eighth section
Shipyards

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Section 102

The following claims shall grant the rights of a ship's creditor:

1.

public shipping and shipping charges, in particular bridges, locks, canal and port funds;

2.

the claims of the crew, salary and wage claims arising from the service contracts, but not more than six months, calculated by the foreclosure procedure, calculated in the case of the forced ascent procedure the seizure of the ship;

3.

the subsistence allowance and the salvage or special remuneration, including salvage costs, and the contribution of the vessel to the great haverei;

4.

the claims for personal injury (§ 4 (2)) and for damage to property (§ 4 (3)), which have occurred on board or in direct connection with the operation of the ship;

5.

the claims arising from legal transactions not covered by one of the previous numbers, which the Schiffer has concluded as such by virtue of its legal powers (§ § 15, 16) and not with respect to a power of attediation;

6.

the claims made by the social security institutions, including unemployment insurance against the shipowner.

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Section 103

(1) The ship's creditors shall have a lien on the ship and accessories. (2) The lien shall be prosecutated against any third owner of the ship. (3) The pledge shall be made from the deposit on the basis of a enforceable title in accordance with the provisions of about the foreclosure. Unofficial table of contents

Section 104

Where a number of vessels are combined with their own driving force in a tow, a thruster or a federation of fixed ships, the right of the ship ' s creditor shall be limited to that ship which shall be the subject of the damage caused. Unofficial table of contents

Section 105

The right of deposit to be granted to a ship's creditor shall apply equally to capital, interest and costs. Unofficial table of contents

Section 106

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Section 107

The ranking of the rights of the ship's creditors shall be determined in accordance with the order of the numbers under which the claims in § 102 are listed. Unofficial table of contents

Section 108

(1) The pleas for the claims referred to in the same number shall have the same rank, insofar as the provisions of paragraphs 2 and 3 do not give rise to another, irrespective of the date of their formation. (2) From the pledge to the claims in § 102 No 3 claims shall be made for the claim arising later on the claim arising from the earlier claim; lien on the basis of claims arising at the same time shall be equal to the claims. Claims arising from the adoption of one and the same emergency shall be deemed to have been incurred at the same time. (3) lien for the claims for personal injury referred to in § 102 no. 4 shall be subject to pledge rights for the claims under the same number. , claims for damage to property listed above. Unofficial table of contents

§ 109

(1) The lien of the ship's creditor shall take precedence over the other pledge on the ship, but for the claims listed in section 102 under points 4 to 6 only in so far as the lien does not result earlier. (2) Insofar as hereafter the other rights of the ship to the ship of the creditor's claim shall at the same time take precedence over the claims of other ship's creditors following that claim. (3) A ship's creditor suffers which of the shipowner's owner shall be liable only to the ship, thereby failing to meet his claim that his In the event of a right of lien on the ship to the lien of a creditor who is not a ship's creditor, the shipowner shall be obliged in person at the level of that failure. Unofficial table of contents

§ 110

If, in addition to the case of forced auction, the ship is sold, the acquirer is entitled to apply for the exclusion of the unknown ship creditors with their pledge rights by way of the bid-up procedure. Unofficial table of contents

Section 111

The provision of § 110 shall not apply if only the share of a co-owner of the ship forms the object of the divestiment. Unofficial table of contents

Section 112

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Section 113

To the extent that the shipowner has confiscted the proceeds during the forced auction or in the event of any other sale of the ship, he shall be liable to any shipowner whose pledge is due to the forced auction or as a result of a pursuant to § 110 , in the case of a distribution of the amount recovered in accordance with the statutory hierarchy, the amount of that amount shall be paid in person. Unofficial table of contents

Section 114

(1) The ship's owner shall, after having been informed of the requirement of a ship's creditor, for which he is only liable to the ship, obtain a new voyage, without at the same time being offered in the interest of the creditor, He shall also be obliged, in person, for the amount of the sum of the amount which would have surrendered to the creditor, if the value of the ship had been placed under the ship's creditors in accordance with the legal order of precedence (2) Until proof of the contrary, it is assumed that the creditor is of this distribution would have attained its full satisfaction. Unofficial table of contents

§ 115

(1) The lien shall also apply to a replacement claim, which shall be entitled to the shipowner for the loss of or damage to the ship against a third party. The same shall apply in respect of the compensation for damage to the ship in the case of the large amount of hay. (2) The lien does not extend to a claim arising from an insurance which the ship owner has taken for the ship. (3) As far as the If the owner of the ship has recovered the compensation or remuneration, the ship's creditors shall be liable in person in the same way as for the collection of a proceeds (§ 113) in the amount of the amount received. Unofficial table of contents

Section 116

(1) The pledge rights liable for the contributions to large haverei on cargo goods shall be subject to the pledge referred to in § 442 of the Commercial Code. Under the former pledge rights, the later created before the former was the preferred; the simultaneously created are equal; receivries which arose from the occasion of the same emergency shall be considered simultaneously (2) The provisions of § 115 shall apply in the cases of large haverei and loss of or damage caused by unlawful acts.

Ninth Section
Statute of limitations

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Section 117

(1) By the end of a year, the following:

1.

public shipping and shipping charges, in particular bridges, locks, canal and port funds;

2.

the requirements of the ship ' s crew stemming from the service contracts;

3.

the lottery funds;

4.

(dropped)

5.

contributions to the great haverei;

6.

the claims arising out of transactions which the Schiffer has concluded by virtue of his legal powers (§ § 15 and 16) and not with respect to a power of atonation;

7.

the claims arising from the fault of a person of the ship's crew or of a pilot (§ § 3, 7), insofar as their statute of limitations is not determined in accordance with § 118.

(2) The limitation period shall begin with the end of the year in which the claim has become due. Unofficial table of contents

Section 118

(1) Replacement claims arising from the collision of ships (§ § 92 to 92f) expire at the end of two years since the event. (2) Compensation claims among several ship owners who are liable for damage resulting from a collision in the case of the end of a year. The limitation period shall begin on the date of payment, on the basis of which the settlement is required, or, if a court decision on the level of joint and several liability has previously become final, with the date of the legal force of the Decision. However, the period of limitation of claims against the other general debtors due to the failure to pay for the payment of another total debtor due to the insolvency of another general debtor does not start before the day on which the debtor is paid. where the person concerned becomes aware of the insolvency. Unofficial table of contents

§ § 119 to 129 ----

Tenth section
Final provisions

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§ 130

In civil disputes in which the claim or counterclaim is based on a claim under this Act, the trial and decision of the last resort within the meaning of Section 8 of the Introductory Act shall be the subject of the Court Constitutional Law assigned to the Federal Court of Justice. Unofficial table of contents

Section 131

(1) In the case of ships which are only intended for voyages within the same place, § § 15 to 19 shall not apply to the legal relationship of the ship. (2) The State Governments shall be authorized to determine by means of a regulation that journeys shall be between adjacent places of the journey within the same place within the meaning of the first paragraph. (3) In the case of shipping companies which are connected to the railway traffic and which are subject to the national railway inspection authority , the previous provisions of this Act, with the exception of § § 4 up to 5m, 92 to 92f, 118 shall not apply. (4) The same shall apply with regard to the operation of ferry operators, unless the holding takes place by means of free-floating ships. Unofficial table of contents

Section 132

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§ 133

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Annex EV Excerpt from EinigVtr Annex I, Chapter III, Area D, Section III
(BGBl. II 1990, 889, 960)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...

4.

Inland waterway Act, as amended by Article 2 of the Law of 25 July 1986 (BGBl.), as published in the Federal Law Gazette, Part III, outline number 4103-1, as last amended by Article 2 of the Law of 25 July 1986. 1120), with the following proviso: the German legislator should, before the entry into force of the Strasbourg Convention of 4 November 1988 on the limitation of liability in respect of commercial inland waterway transport, already apply in the case of commercial inland waterway transport. the inland waterway transport (CLNI) is subject to the summanian limitation of liability.

...