Law concerning the private law of inland waterway transport (Inland Waterways Act-BinSchG)Non-official table of contents
Date of delivery: 15.06.1895
" Inland navigation law in the revised version published in the Bundesgesetzblatt part III, outline number 4103-1, the latest by Article 5 of the Law of 20. April 2013 (BGBl. I p. 831) "
|:||Last modified by Art. 5 G v. 20.4.2013 I 831|
For details, see the Notes
(+ + + + + + + +)
(+ + + measures)
on the basis of EinigVtr, see BinSchPRG Appendix EV,
no longer apply + + +)
Heading: IdF d. Art. 3 No. 1 G v. 21.4.1986 I 551 mWv 1.6.1986
First SectionNon-official table of contents
Shipowners within the meaning of this Act 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
(1) who uses a ship that does not belong to it for inland waterway transport and either leads it or the guide of a skipper, shall be considered to be a shipowner in the sense of this law.(2) The owner cannot prevent the person who derides from the use of the ship a claim as a voyage creditor (§ § 102 to 115) in the performance of the claim, unless he proves that the use of the ship to him is was not in good faith, and the creditor was not in good faith. Non-official table of contents
(1) The ship owner is responsible for the damage that a person of the ship's crew or one on board is responsible for. to a third party in the execution of service activities culpably.(2) The ship's crew shall be the skipper, the ship crew (§ 21) and all other persons appointed on the ship. Non-official table of contents
(1) The ship owner can be held liable for claims for personal injury and property damage on board or in have a direct connection with the operation of the ship or with a recovery, including a wreck removal within the meaning of paragraph 4, and shall restrict the use of wreckage, unless the ship becomes a sport or is used for recovery and not for 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 as far as they are aimed at a contractually agreed remuneration.(2) Claims for personal injury shall be caused by the killing or injury of persons.(3) Claims for property damage are
- such as those due to loss or damage of matters;
- such because of the delay in the carriage of goods, passengers or their luggage;
- other property damages due to the breach of non-contractual rights.
Claims for property damage are further claims of a person other than the debtor Measures to prevent or reduce damage to persons or property, for which the debtor may limit his liability under paragraphs 1, 2 and 3, sentence 1.(4) Claims from wreck disposal shall be such as to reimbursement of the cost of raising, eliminating, destroying or rendering harmless a sunken, haunted, fixed or abandoned ship, including everything on board; or , as well as for the elimination, destruction or harmless-making of 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) For the purposes of this provision, vessels shall also be regarded as small vehicles. Non-official table of contents
The limitation of liability in accordance with § 4 is not subject to
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- Claims from salvage as well as claims for contribution performance to the great haverei;
- Claims against whoever is liable according to an applicable international convention or the Nuclear Damage Act;
- The claims of ship owner's staff, whose tasks are related to the operation of the ship or to mining or assistance or wreck removal operations, as well as Claims of their heirs, relatives or other persons entitled to assert such claims, if the service contract is subject to German law or if it is subject to foreign law, according to which the liability for these claims cannot be restricted globally;
- Claims in accordance with § 89 of the Water Resources Act;
- Claims for reimbursement of legal tracking costs.
If the shipowner has a counterclaim against the creditor of any of the claims in § 4, which arose from the same event, he can only accept his liability in respect of the amount of the said against him. , which remains after the withdrawal of the counter-claim. Non-official table of contents
(1) The ship owner cannot limit his liability in accordance with the provisions of this section if the damage is is the result of an act or omission which has been committed by the person himself with the intention of causing such damage, or recklessly and in the awareness that such damage will likely occur.(2) Where the shipowner is a legal person or a commercial company, he shall not be liable to limit his liability if the damage is to an act or omission of an act excluding the limitation of the liability referred to in paragraph 1 of this Article. A member of the authorized body or a member entitled to represent it is the result of a representative body. Non-official table of contents
(1) The ship owner is the same in the application of the liability limitation rules:
- the ship's owner, charterer, and outfitter;
- any person who provides services directly related to a rescue or a wreck removal service that is related to an inland waterway ship or the cargo of such a ship , and are provided either exclusively on this ship or neither from a inland vessel nor from a seagoing ship (Berger);
- any person for whom Any act, failure or fault of the shipowners or any of the persons referred to in points 1 and 2 shall be held liable.
(2) If the debtor is a commercial company, any shareholder may also be liable for personal liability for: Limit claims for which the company can limit its liability.(3) An insurer who assures the liability in respect of claims which are subject to the restriction in accordance with these regulations may rely on third parties on the limitation of liability to the same extent as the insured person. Non-official table of contents
(1) The liability can be limited to the maximum amounts 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 shipping law distribution system or by the establishment of a fund in another Contracting State of the Strasbourg Convention on the Restriction of the the liability in inland waterway transport-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 System shall be applied accordingly; Section 305a of the Code of Civil Procedure shall remain unaffected. Non-official table of contents
(1) The maximum liability amount to which the liability for all of the resulting from the same event Claims for personal injury shall be limited if the claims are not claims within the meaning of § § 5h and 5k, calculated as follows:
- For a passenger ship or other ship that does not serve the carriage of goods after its intended purpose, the following items are not available in points 3 and 4. results in 200 units of account per cubic metre of water displacement at the maximum permissible draught of the ship, in the case of ships with their own driving force increased by 700 units of account per kilowatt capacity of the Drive machines.
- For a ship that is used for the purpose of transporting goods, 200 units of account per tonne of ship's carrying capacity are , in the case of ships with a driving force of their own, increased by 700 units of account per kilowatt capacity of the drive machines.
- For a towing or a towing machine. Thrust boat shall be 700 units of account per kilowatt capacity of the propulsion machinery.
- For a digger, crane, elevator or other floating and moving equipment or a device of a similar nature shall be the value of the installation or equipment at the time of the event giving rise to the liability.
(2) For a dragboat, at the time of the event giving rise to the liability is rigidly connected to one or more thrust chords, the amount to be used for the pusher boat as referred to in paragraph 1 (3) shall be increased by 100 units of account per tonne of load bearing capacity of the sabers, unless the dragboat is intended for: has provided one or more of these Schubleichter salvage operations. If the limit of liability for the dragboat 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 thrust subsidiary rigidly connected to the dragboat. Sentence 2 shall not, however, apply to a claim of the debtor liable for the pusher boat against the debtor, which is liable for a thrust boat rigidly connected to the pusher boat, to settle in the interior relationship.(3) Paragraph 2 shall apply in accordance with a ship with its own propulsion force which, at the time of the event, has been permanently coupled to one or more ships which do not constitute installations or equipment within the meaning of paragraph 1 (4), as well as for the coupled vessels, but with the proviso that the amount to be used in accordance with paragraph 1 shall be increased 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, as far as they are not lighters, which are used only for transhipment in ports. Non-official table of contents
(1) The maximum liability amount to which the liability for all of the resulting from the same event If the claims are not claims within the meaning of § 5h, one half of the maximum amounts of liability according to § 5e shall be the maximum amount of liability.(2) In the event of satisfaction from the ceiling of 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. Non-official table of contents
The maximum amount of liability pursuant to § 5e for claims due to personal injury to the full satisfaction of the customer According to § 5f (1), the amount calculated in accordance with § 5f (1) shall be available for the satisfaction of the non-satisfied repayment claims in accordance with § 5e. The claims for personal injury have the same rank as the claims for property damage; § 5f para. 2 is not applicable to this extent. Non-official table of contents
(1) For the entirety of claims arising from the same event due to third party damage caused by dangerous goods carried on the ship of the debtor, if the claims are not those under § 89 of the German Water Resources Act, a separate limit of liability. 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 permitted under the conditions laid down therein:
- Part 2, Chapter 3.2, Table A, and Chapter 3.3 of the European Convention on International Transport 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 the decision of the ADN Management Committee of 26 November 2007. August 2010 (BGBl. 2010 II p. 1550), in the version in force in Germany, or
- Appendix 2 outline numbers 1.1 and 1.2 of the dangerous goods regulation road, railway and Inland waterway transport in the version of the notice of 16. December 2011 (BGBl. 2733), as amended.
(2) The maximum amount of liability referred to in paragraph 1 is
- for all claims arising from the same event for personal injury, three times the maximum liability according to § 5e, but at least 5 million Invoice units;
- For the totality of claims arising from the same event, three times the amount of the material to be determined pursuant to § 5f Maximum liability amounts, but not less than 5 million units of account.
(3) In the event of satisfaction of the maximum liability referred to in paragraph 2 (2), claims for damage to port facilities, port basins, waterways, Locks, bridges and navigational aids take precedence.(4) In the event that the maximum amount of liability in accordance with paragraph 2 (1) does not apply to claims for personal injury to the full satisfaction of those claims, the amount calculated in accordance with paragraph 2 (2) (2) shall be satisfied with the satisfaction of the non-satisfied Rights referred to in paragraph 2 (1) shall be made 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. Non-official table of contents
By way of derogation from § § 5e, 5f (1) and § 5h, a Berger pursuant to Section 5c (1) No. 2 or an on-board operating system may be Lotse shall assume liability for the totality of claims arising from the same event for personal injury to a maximum liability amount of 200,000 units of account and for claims for property damage to a maximum liability in respect of liability in the event of personal injury. Limit the amount of 100,000 units of account. § 5f (2) and § 5g shall apply accordingly. Non-official table of contents
A separate one applies to all claims arising from the same event from wreck removal. Maximum liability amount. 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. Non-official table of contents
(1) For the entirety of the claims arising from the same event, for the killing or violation of People
- due to a passenger transport contract or
- with the consent of the carrier, accompanied by a vehicle or living animal transported by the ship on the basis of a freight transport contract,
(Travellers), a separate limit of liability shall apply. This is exclusively available for the satisfaction of travellers ' claims.(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 passengers who may 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 amount 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 amount for a Berger within the meaning of Section 5c (1) (2) or a pilot operating on board shall be 720,000 units of account. Non-official table of contents
The unit of account referred to in this section is the Special Drawing Right of the International Monetary Fund. The maximum amounts of liability pursuant to § § 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. . 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. Non-official table of contents
§ § 4 to 5l are to be applied without regard to the law applicable under international private law, if in the Time of the foundation event
- the ship for which liability is limited , a German waters or other Strasbourg Convention on the restriction of liability in inland waterway transport-CLNI (BGBl. 1643),
- Coastal Waters or Seeschiff in danger in the area of such waters, or for the the cargo of such a vessel or sea vessel has been provided or
- a havared, fixed or abandoned in the area of such waters Ship or the cargo of such a vessel has been lifted, destroyed, destroyed or rendered harmless.
Is the event on a foreign, Strasbourg Convention on the limitation of liability in inland waterway transport- 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 international private law. Non-official table of contents
(1) The court of the place from which the ship is operated with the ship (home location), is subject to Article 3 (1) of the Law on the Judicial Procedure in Inland Waterways of the 27. September 1952 (Bundesgesetzbl. 641), for all proceedings brought against the shipowner as such, without distinction as to whether he or she is personally or solely liable to the ship.(2) The place where the place of business is located, where the place of business is the principal place of business and, in the absence of a commercial establishment, of the place of residence of the shipowner, shall be considered as the place of origin of the place where the place of business is to be held in a number of places. is located.(3) If a place of hometown is not established, the place where the shipowner is subject to the trade tax or income tax shall be considered as such.
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(1) The ship's guide (Schiffer) is required to perform all service activities, including compliance the contracts to be carried out by him and the diligence of a regular vessel.(2) He shall be liable for any damage caused by neglect of this diligence not only to the owner of the ship, but also to the person responsible for the charge (consignor and consignee), to the persons transported and to the crew of the ship, unless he/she is responsible for the Instructions of the ship owner 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 subject to a criminal offence.(3) The ship's owner shall be obliged by the issuing of the instruction if he was informed of the contractual relationship in the case of the grant. Non-official table of contents
(1) The skipper, before starting the journey, has to see that the ship is in a state of travel, belonging to the ship. , as well as sufficient manpower, and that the ship's documents and cargo directories are on board.(2) It shall ensure that the equipment used for loading and unloading, the proper congestion of the cargo, and the loading and unloading of the vessel are not heavier than the carrying capacity of the vessel and the respective water level conditions. .(3) If the skipper abroad does not observe the applicable regulations, in particular the police, tax and customs laws, he/she shall replace the resulting damage.(4) (omitted) unofficial table of contents
(1) If the skipper is prevented from carrying out the ship by illness or other causes, the ship is prevented from carrying the ship, it shall not unduly delay the entry or continuation of the voyage; it shall rather, if time and circumstances permit, obtain the order of the shipowner and, in the meantime, take the appropriate steps, in the in the opposite case, however, use a different skipper.(2) It shall only be responsible for the deputy in so far as he/she is responsible for the choice of the latter. Non-official table of contents
(1) The Schiffer is obligated to cause damage to the ship or to the cargo, from the transactions that have been received as well as the establishment of another vessel (§ 9) to the ship owner. In all significant cases, in particular where he or she is to cease or alter the journey, he shall seek to grant the ship's owner the rules of compliance, provided that circumstances permit.(2) In the interest of the cargo participants, the skipper shall, in the course of the voyage, ensure that the best of the cargo is made possible.(3) Where special measures are required for the purpose of wasting or reducing a loss, it shall, in the event of a tunnelling, obtain the instructions of the parties to the charge, otherwise to take the necessary action and ensure that it is carried out at the best of its discretion, that the operators of the charge are informed of the incident and of the measures taken thereby. Non-official table of contents
(1) If the ship or cargo is affected by an accident, the skipper shall be entitled and at the request of the shall, before the local court of the place at which the voyage ends, and if the ship has to remain in another place for a long period of time, take evidence before the local court of the place where the voyage is to be taken, on the actual demise and the extent of the damage which has occurred and on the means used to prevent or reduce the same. He himself has to bear witness to himself and to refer to the evidence which is otherwise useful for the determination of the relationship.(2) If the taking of evidence before the court referred to in paragraph 1 has not been requested, the skipper shall be entitled and, at the request of the shipowner's or a cargo participant, shall be entitled to take evidence before the court of inquiry for The competent judicial authority responsible for inland waterway transport, in whose district the accident occurred. Non-official table of contents
To record the proof, the court determines a very close appointment, to which the skipper and the other are to be loaded. 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. Non-official table of contents
(1) The record is received in accordance with the rules of the Civil Procedure Code.(2) In the event that the insult to the ship is not excluded, the court shall decide at its own discretion on the same.(3) The persons involved in the ship and cargo, as well as those affected by the accident, for example, shall be entitled to attend the hearing 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, including on its own account, to the extent that it appears necessary to clarify the facts. Non-official table of contents
(1) (2) If the procedure is requested at the request of a cargo participant, it shall have the costs incurred. , in so far as he is not entitled to compensation for the damage caused to him by the accident. This shall not affect the obligation of the shipowner to reimburse the shipper to the costs incurred.(3) In the case of large haverei, the rule of § 84 applies. Non-official table of contents
(1) If the ship is not located at the place of the ship, or in a place where the ship owner is In the case of a third party, the skipper has the power to collect the cargo receivings and to carry out all transactions and acts necessary for the ship owner to carry out the journey. .(2) For the purpose of committing interchangeable liabilities, for the sale or pledging of the ship and for the conclusion of freight contracts, the skipper is entitled only on the basis of a power of attorment of the shipowner that authorites him to do so. Non-official table of contents
(1) Legal transactions that are received by the skipper while the ship is at one of the items referred to in Article 15 (1) The place is only binding for the shipowner if the ship has acted on the basis of a full power, or if another particular commitment reason is present.(2) The Schiffer is authorized to issue a loading certificate without distinction of the place. Non-official table of contents
The ship owner, which has limited the legal powers of the shipowner, may provide a third party with the To prevent non-compliance with these restrictions only if it proves that they were known to the third party. Non-official table of contents
To the ship's owner, the provisions of § § 15 and 16 are applicable to the extent of the ship's powers. also authoritative, unless the shipowner has limited those powers. Non-official table of contents
(1) A legal transaction, which is the skipper in its capacity as the guide of the ship, be it with, be it without the name of the shipowner within its legal powers, the shipowner shall be entitled to the third party and the liability of the shipowner shall be justified.(2) The Schiffer himself shall not be bound by the legal transaction to the third party, unless he or she has ensured the performance of the transaction or has exceeded his or her powers. Non-official table of contents
(1) The skipper, unless otherwise specified in this law, shall be subject to the rules applicable to: the technical employees within the meaning of the commercial order shall apply.(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) If the service is cancelled prior to the arrival of the ship at the place of destination during the voyage, the skipper shall be entitled to the cost of the return journey to the place where he or she entered service. 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 skipper may be relieved at any time of his service, but without prejudice to his compensation claims for the period until the end of the contractual duration of the Service ratio or until the termination period.
Third section unofficial table of contents
(1) The ship crew members, except for the ship's crew, belong to the ship's crew on ship, In particular, the tax people, boat people, sailors, ship's nests, ship boys, machinists and heaters.(2) The ship crew is subject to the commercial order. Non-official table of contents
The shipyards ' obligation to enter the service begins when nothing else is agreed upon, 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. Non-official table of contents
(1) The ship's man is obliged to comply with the ship's instructions in the interest of the ship's service. and at any time to carry out all the work entrusted to him for ship and cargo.(2) He shall not leave the ship without the permission of the vessel.(3) In the event of the ship being injured, the ship's man shall, in accordance with best forces, ensure the rescue of the persons and their luggage, as well as for the securing of the ship's parts, equipment and cargo. Non-official table of contents
If nothing else has been agreed on the time of payment of wages, the shipyards can at the end of each second Demand the payout of the earned salary. Unofficial table of contents
(1) (2) After the journey has taken place, the shipyards are obliged to complete the journey and to remove the journey from the ship. The vessel shall remain in service unless there is a reason justifying the immediate exit.(3) If the service is cancelled prior to the arrival of the ship at the place of destination during the voyage, the shipowman shall be entitled to the cost of the return journey to the place where he has entered service. 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, the shipyer may 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 ratio or until the expiration of the notice period.
Fourth sectionNon-official table of contents
freight business. Ship Transfer Contracts
On the freight business for the carriage of goods Inland waters are subject to the provisions of the Fourth Section of the Fourth Book of the Commercial Code. Non-official table of contents
(1) § § § 553 to 556 of the German Commercial Code (Handelsgesetzbuch) shall apply accordingly.(2) § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 1 557 to 569 of the Commercial Code. unofficial table of contents
§ § 28 to 76 (omitted)
Fifth sectionunofficial table of contents
Carriage of travelers and their baggage
On the carriage of passengers and their luggage on rivers and other Inland waters are to be applied in accordance with § § 536 to 552 of the Commercial Code.
Sixth Section unofficial table of contents
(1) If the ship, the fuel, the cargo, or several of these things are to be saved from a common danger on the ship's order, Intentionally damaged or sacrificed or, to this end, expenses are made at the order of the shipowner (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 cargo hold belonging to the cargo at the time of the hatred, or the holder of the freight request.(2) The persons entitled to remuneration shall have the rights of a ship's creditor to the ship (§ § 102 to 115) for their claims on the contributions to be paid by the owner of the ship and by the holder of the freight claim (§ § 102 to 115). Articles 589 to 592, 594 and 595 of the Commercial Code shall be applied in accordance with the conditions laid down in the second sentence of paragraph 1 for distribution to the items to be attributed to a person concerned. Non-official table of contents
§ § 79 to 91 (omitted)
Seventh sectionNon-official table of contents
collision of ships. Bergung
(1) The liability for damages in connection with the collision of inland waterway vessels is determined by the provisions of § § 92a to 92f.(2) If a ship is to be harmed by the execution or omission of a maneuver or by failure to observe a regulation of another ship or of persons or objects on board the ships, without a collision occurring, the provisions of § § 92a to 92f shall apply accordingly.(3) Ships within the meaning of these provisions shall also be regarded as small vehicles. The ships are equal to movable parts of the ship's bridges. Non-official table of contents
In the event of a ship collision, there is no claim to compensation for the damage to the ships or to the ship. any person or property on board has been inflicted by chance or force majeure or whose causes are uncertain. Non-official table of contents
If the damage is caused by the fault of the crew of one of the ships, the owner of this ship shall be to compensate for the damage. Non-official table of contents
(1) If the damage is caused by a common fault of the crew of the ships involved, the damage is the owners of these vessels shall, in order to compensate for the damage inflicted on the ships or on the goods on board, shall be bound by the ratio of the seriousness of the above-mentioned indebted 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 share of the replacement.(2) The shipowners shall be liable for the damage caused by the killing or injury to the body or the health of a person on board, if the damage is caused by common fault, the injured as a result of the injury. Full debtor. In the case of the shipowners, the provisions of paragraph 1 shall also apply to such damage. Non-official table of contents
In the application of § § 92b, 92c, the fault of a pilot operating on board shall be responsible for the fault of a Member of the ship ' s crew equal. Non-tampering table of contents
§ § 92 to 92d also apply if the participating ships belong to the same trafficking association. Non-official table of contents
(1) § § 92 to 92e also apply to the liability of the personnel of the ship's crew and the pilots.(2) The provisions relating to the limitation of the liability of the shipowner, the crew members and the pilots, and their liability arising from contracts, shall remain unaffected. Non-official table of contents
§ 93 Bergung
(1) On the rights and obligations of the Bergers not operating from a seagoing ship, who is a member of the § § 574 to 584, 585 (2) and (3) § § 586 and § § 584, 585 (2) and (3) § § 586 and § § 586 and § § 586 and 587, 606 (3) in conjunction with Section 607 (7) and Section 618 of the Commercial Code and Article 8 of the Introductory Act to the Commercial Code.(2) In accordance with Section 102 (3), the creditor of a claim for salvage, on special remuneration or on salvage costs, shall have the rights of a ship's creditor to the recovered ship for his claim. unofficial table of contents
§ § 94 to 101 (omitted)
Achter sectionunofficial table of contents
The following claims grant the rights of a ship's creditor:
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- the public shipping and shipping charges, in particular the bridge, lock, channel, and Port funds;
- the demands of the ship's crews arising from the service contracts, salary and wage claims for the past, but at most for the a period of six months from the seizure of the ship following the foreclosure procedure;
- the lotteries, as well as Bergelohn, or Special remuneration including salvage costs; the ship's contributions to large haverei;
- the claims for personal injury (§ 4 para. 2) and for property damage (§ 4. 4 (3), which have occurred on board or in direct connection with the operation of the ship;
- the claims not falling under one of the previous numbers from legal transactions which the Schiffer has concluded as such by virtue of his legal powers (§ § 15, 16) and not with respect to a power of atonation;
- Claims of social security institutions, including unemployment insurance against the ship owner.
(1) The ship's creditors have a lien on the ship and accessories.(2) The lien shall be traceable against any third owner of the ship.(3) The payment from the deposit shall be effected on the basis of a enforceable title in accordance with the provisions relating to the enforcement of the law. Non-official table of contents
Several ships are in a tow, a thruit, or a federation of fixed-coupled ships. of its own driving force, the lien of the ship's creditor shall only extend to that ship which has caused the damage. Non-official table of contents
The lien on a ship's creditor shall apply equally to capital, interest, and costs. unofficial table of contents
(omitted) unofficial Table of contents
The ranking of the pledge 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. Non-official table of contents
(1) The pledge rights for the claims referred to in the same number shall be subject to the provisions of paragraphs 2 and 3 does not yield the same rank, regardless of the date of its creation.(2) The pledge for the claims referred to in § 102 (3) shall be subject to the claim resulting from the later claim for the earlier claim; pledge rights on account of claims arising at the same time shall be equal. Claims arising from the occasion of one and the same emergency shall be deemed to have been created at the same time.(3) Pfandrights for the claims for personal injury listed in Section 102 (4) shall be subject to pledge rights for the claims on account of property damage listed under the same number. Non-official table of contents
(1) The ship's creditor's lien shall take precedence over any other lien on the ship, for which the ship's creditor is subject to § 102. However, claims 4 to 6 only in so far as those pledge rights did not arise earlier.(2) In so far as the other lien on the ship is subject to the requirement of a voyage creditor, they shall at the same time take precedence over the claims of other ship creditors following this claim.(3) In the event of a ship's creditor, to whom the ship's owner is only liable with the ship, if he fails to claim that his lien on the ship is subject to the lien of a creditor who is not a ship's creditor, the ship's creditor shall be liable to: Shipowners shall be obliged to do so in person at the level of this failure. Non-official table of contents
If, in addition to the case of forced auction, the ship is sold, the acquirer is entitled to the exclusion of the ship. request the unknown ship's creditor with their pledge rights by means of the bid-up procedure. Non-official table of contents
The rule of § 110 shall not apply if only the share of a co-owner of the ship is the The object of the divestiment. unofficial table of contents
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If the shipowner has confiscted the proceeds during the forced auction or in the event of any other sale of the ship, he is liable to any shipowner whose pledge is due to the forced auction or as a result of a bid procedure initiated pursuant to § 110, at the level of the amount of the amount resulting from a distribution of the amount recovered in accordance with the statutory ranking. Non-official table of contents
(1) Sends the ship owner after it comes from the requirement of a ship's creditor, for which he or she is only responsible for the The ship shall be liable for a new voyage without this being at the same time in the interest of the creditor, he shall also be obligated personally for the amount of the sum of the sum of the sum of the sum of the amount of the ship, which shall be for the creditor. would have surrendered if the value of the ship had been distributed among the ship's creditors in accordance with the statutory hierarchy of vessels.(2) Until proof of the contrary, it is assumed that the creditor would have obtained his full satisfaction in the course of this distribution. Non-official table of contents
(1) The lien also extends to a replacement claim, which is the ship owner because of the loss or the loss of the Damage to the ship may be against a third party. The same shall apply in respect of compensation for damage to the ship in cases of large haverei.(2) The lien shall not extend to a claim arising from insurance taken by the shipowner for the ship.(3) In so far as the shipowner has recovered the compensation or remuneration, the ship's creditors shall be liable to the ship's creditors in the same way as in the case of the confiscation of a proceeds (§ 113). Non-official table of contents
(1) The pledge rights liable to be adhered to because of the contributions to the large amount of haverei on the cargo goods are to be found in § 442 of the The commercial code referred to in the Pfandrights. Under the former pledge, the later created before the former was the preferred; the at the same time created equal rights; claims which arose from the occasion of the same emergency were considered at the same time.(2) In the cases of major Haverei and loss of or damage caused by unlawful acts, the provisions of § 115 apply.
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(1) January with the end of a year:
- the public shipping and shipping charges, in particular the bridge, lock, channel, and Port funds;
- the demands of the ship's crew arising from the service contracts;
- the lottery funds;
- the contributions to the great Haverei;
- the demands from stores which the Schiffer's power of his (§ § 15 and 16) and has not closed with respect to a power of atonement;
- the claims arising from the fault of a person of the ship's crew or a pilot (§ § 3, 7), unless their limitation period is determined in accordance with § 118.
(2) The limitation period shall begin with the end of the year in which the claim has become due. Non-official table of contents
(1) Replacement claims arising from the clash of ships (§ § 92 to 92f) expire at the end of two years since the date of the Event.(2) Compensation claims among several shipowners liable for damage resulting from a collision as a total debtor shall be subject to the expiration of one 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 begin 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 ----
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In civil lawsuits in which the claim or counterclaim is based on a claim for reason This law is asserted, the trial and decision of last resort is assigned to the Federal Court of Justice in the sense of Section 8 of the Introductory Act to the Law of the Court of Justice. Non-official table of contents
(1) In the case of ships which are only intended for voyage within the same place, § § 15 to 19 are to be applied to the the legal relationship of the ship shall not be applied.(2) The State Governments shall be empowered to determine, by means of a regulation, that journeys between neighbouring places shall be equivalent to the journey within the same place within the meaning of the first paragraph.(3) The preceding provisions of this law, with the exception of § § 4 to 5m, 92 to 92f, 118, shall apply to shipping companies which are led after the railway traffic and are subject to the state railway inspection authority. no application.(4) The same shall apply with regard to the operation of ferry operators, unless the operation is carried out by means of free-floating ships. Table of Contents unofficial
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appendix EV extract from EinigVtr Appendix I, chapter III, section D, section III
(BGBl. II 1990, 889, 960)
-measures for the territory that has been enclosed (Art. 3 Pur.Vtr)-
Federal law shall enter into force in the area referred to in Article 3 of the Treaty with the following measures:
- Inland Waterways Law in the Federal Law Gazette Part III, outline number 4103-1, published Revised version, as last amended by Article 2 of the Law of 25 July 1986 (BGBl. 1120), with the following proviso: the whole German legislature should already be responsible for commercial inland waterway transport before the entry into force of the Strasbourg Convention of 4 December under international law. The limitation of liability in inland waterway transport (CLNI) is introduced in November 1988.