Read the untranslated law here: http://www.gesetze-im-internet.de/binschprg/BJNR003010895.html
Act relating to the private conditions of inland navigation (Inland Navigation Act - BinSchG) BinSchG Ausfertigung date: 15.06.1895 full quotation: "inland waterway transport law in the adjusted version in the Federal Law Gazette Part III, outline number 4103-1, published, most recently by article 5 of the law of 20 April 2013 (BGBl. I p. 831) has been changed" stand: last modified by article 5 G v. 20.4.2013 I 831 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.1.1975 +++) (+++ requirements due to EinigVtr cf. BinSchPRG annex EV, no longer to apply +++) heading: IdF d. art. 3 No. 1 G v. 21.4.1986 I 551 mWv 1.6.1986 first section shipowners § 1 ship-owners in the meaning of this Act is the owner of a vessel destined for the shipping on rivers or other waters and used for that purpose by him.
§ 2 (1) who is him not owned ship used for inland waterway transport and it even runs or entrusted the management to a boatman, is third party opposite as a shipowner in the meaning of this Act.
(2) the owner may not prevent those which a claim as ship creditors (§§ 102-115) is derived from the use of the vessel, in the implementation of the claim, if he is unable to prove that the use was a wrongful and the creditor not in good faith to him.
§ 3 (1) the shipowner is liable for the damage culpably deals to a third party in performing service tasks a person of the ship's crew or an active onboard Controller.
(2) the ship's crew include the boatman, the ship's crew (section 21) and all other persons employed on the ship.
§ 4 (1) the shipowner may limit his liability for claims due to injury and damage to property, occurring on board or in direct connection with the operation of the ship or with salvage including a wreck disposal within the meaning of paragraph 4, as well as for claims arising out of wreck removal, unless the ship is to the sport or to relax and not purchase due to used. Regardless of the basis on which they are based, whether they are private or public in nature and whether they are asserted on the basis of a contract or otherwise use - or compensation claims, the claims are subject to limitation of liability; Claims of wreck removal and claims pursuant to paragraph 3 sentence 2 but are subject to not the limitation of liability, insofar as they focused on a contractually agreed fee.
(2) claims for personal injury are such because of the killing or injury of persons.
(3) claims for damage are those 1 because of the loss of or damage of things;
2. such due to the delay in the carriage of goods, passengers or their luggage;
3. other financial damages for violation of non-contractual rights.
Claims for property damage are also claims of a person other than the debtor due to measures to prevent or reduce of personal or property damage for which the debtor set 1 may limit his liability according to paragraphs 1, 2 and 3.
(4) claims for wreck removal are such reimbursement of expenses for the raising, removal, destruction or neutralization of sunken, damaged, stalled or abandoned vessel together with everything that is on board or has found, as well as for the removal, destruction or neutralization of the charge of the vessel. Claims of wreck removal are also claims of a person other than the debtor due to measures to eliminate or reduce the costs referred to in sentence 1, for which the debtor may limit his liability.
(5) a ship within the meaning of this provision, also small vehicles are to look at.
§ 5 of limitation of liability according to § 4 No 1 claims for recovery are subject to, as well as claims for contribution to the large average;
2. claims against one who is liable under an applicable international Convention or under the Atomic Energy Act for nuclear damage;
3. claims by employees of the owner of the vessel, whose Aufgaben are related with the operation of the ship or with assistance jobs or salvage and wreck removal measures, as well as claims of heirs, relatives or other persons entitled to assert of 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 can; be limited not global
4. claims pursuant to § 89 water resources Act;
5. claims for compensation of legal costs.
§ 5a has a counter claim that has arisen from the same event the shipowner against the creditor of a claim referred to in section 4, so he can limit his liability only in relation to the amount of the claim against him, which remains after deduction of the counter claim.
§ 5 b (1) the shipowner can his liability according to the provisions of this section does not limit, if the loss is due to an act or omission is the result, by him even in the intent to cause such damage, or recklessly and committed in the consciousness was that such damage likely will occur.
(2) the owner is a legal person or a person trading company, so he can not limit his liability, if the damage on an act negative limitation of liability referred to in paragraph 1 or omission or a member of the organ entitled to representation or a shareholder entitled to representation is due.
Article 5c (1) in the application of the rules on the limitation of liability the shipowners are of the same: 1. the owner, charterer and operator of the ship;
2. any person who provides services directly related to a recovery or a wreck disposal, which relate to an inland waterway vessel or the cargo of such vessel either exclusively on this ship or an inland waterway vessel nor a Lake vessel be provided (Berger);
3. any person, shall be liable for their action, omission or negligence of the shipowner or a person referred to in paragraphs 1 and 2.
(2) if the debtor is a person trading company, so also each partner can limit his personal liability for claims, for which the company can limit their liability.
(3) an insurer which assures the liability in respect of claims which are subject to the restrictions under these regulations, can to rely on the limitation of liability to the same extent as the insured person third parties.
§ 5 d (1) can the liability in the sections 5e-5 k designated limits are limited to.
(2) the limitation of liability can be achieved through the establishment of a Fund for the Schiffahrtsrechtlichen distribution order or through the establishment of a Fund in another Contracting State of the Strasbourg Convention on limitation of liability in inland navigation - CLNI (BGBl. 1998 II p. 1643).
(3) the limitation of liability can be enforced without the establishment of a Fund by way of plea with effect for claims only against one who raises them. In this case the § § 15, 23 paragraph 1, 3 set are 1, 3, and 4 in conjunction with article 46, paragraph 1 and 2 apply accordingly to set 1 and 2, § 26 para 4 to 6 of the Schiffahrtsrechtlichen distribution order; section 305a of the code of civil procedure shall remain unaffected.
§ 5e (1) the limit of liability may be limited on the liability for all claims arising from the same event due to injury, is, unless it is h and 5 k to claims within the meaning of §§ 5, calculated as follows: 1. for a passenger ship or another ship, which is used according to its intended use, not the carriage of goods are, as far as is not otherwise specified in paragraphs 3 and 4 , 200 units of account per cubic meter water displacement at maximum deadweight draft of the vessel to operate, in ships with its own driving force increased to 700 units of account per kilowatt power of the propulsion machinery.
2. for a ship that is used for its intended use in the transport of goods, 200 units of account per tonne carrying capacity of the ship are to be applied, when ships with its own driving force performance of the engines increased to 700 units of account per kilowatt.
3. for a towing or towboat 700 units of account per kilowatt are performance of the engines.
4. for an excavator, crane, elevator or other floating and mobile system or a device of similar nature is the value that the system or device at the time of the event liability giving rise had to be applied.
(2) for a towboat was connected rigidly to one or more barges to a flotilla in the time of the event liability giving rise increases the amount to 100 units of account per tonne load capacity the barges to be no. 3 for the Pushboat referred to in paragraph 1, insofar as not the towboat for one or more of these barges recovery operations has provided. The liability limit for the Pushboat increased pursuant to sentence 1, the limit of liability for all claims arising from the same event for the same amount is reduced to any lighters rigidly connected to the towboat. Sentence 2 shall not apply liable debtors on stabilization in the internal relationship but for a claim of the adhesive for the Pushboat debtor against for a rigidly connected to the pusher barges.
(3) paragraph 2 shall apply accordingly for a ship with its own driving force, which was tightly coupled at the time of the event liability giving rise to one or more ships, which are not equipment or devices within the meaning of paragraph 1 No. 4, and the paired ships, but with the proviso that the amount to be applied in accordance with paragraph 1 to 100 units of account per cubic meter water displacement or per ton load capacity of the other ships increased for the moving ship.
(4) in any case, the limit of liability is at least 200,000 units of account, unless it is to light, used only for transshipment in ports.
§ 5f (1) which is limit of liability, the liability for all the claims of property damage arising from the same event may be limited, provided it is not h claims within the meaning of § 5, half of the liability limits relevant according to § 5e.
(2) in the case of the satisfaction from the limit of liability referred to in paragraph 1, claims for damage to wharves, docks, waterways, locks, bridges and navigation aids have the priority.
§ 5 the authoritative according to § 5e limit of liability for claims for personal injury to the full satisfaction of the claims is not enough g, so is the amount calculated in accordance with § 5f para 1 to satisfy the residual claims not satisfied according to § 5e available. Here, the residual claims of personal injury have the same rank as the claims for property damage; section 5f, paragraph 2 is not applicable in this respect.
§ 5 h (1) for all of the claims arising from the same event due to third parties of incurred damage caused by dangerous, on the ship of the debtor carried goods applies, if the claims not to § 89 water resources Act are, a separate limit of liability. The limit of liability is available exclusively for the satisfaction of the claims referred to in sentence 1 available. Dangerous goods within the meaning of sentence 1 are the substances or items the carriage of which is prohibited or permitted under the conditions referred to therein according to the following regulations: 1 part 2 Chapter 3.2 table A and section 3.3 of the European Agreement concerning the international carriage of dangerous goods on inland waterways (ADN) attached regulation as amended by the notice of June 5, 2009 (BGBl. 2009 II pp. 534 - plant band; 2010 II S. 122) , 123, 1183, 1184), last amended by decision of the ADN Administrative Committee by August 26, 2010 (BGBl. 2010 II S. 1550), in the version in force used in Germany, or 2. Appendix 2 outline number 1.1 and 1.2 of the dangerous goods regulation road, rail and inland waterway, as amended by the notice of December 16, 2011 (Federal Law Gazette I p. 2733) in amended.
(2) the limit of liability relevant to paragraph 1 is 1 for all the claims of personal injury arising from the same event three times of the relevant according to § 5e liability limits, but at least 5 million units of account;
2. for all the claims of property damage arising from the same event three times of the relevant according to § 5f liability limits, but at least 5 million units of account.
(3) in the case of the satisfaction which in paragraph 2 referred to in no. 2 limit of liability claims for damage to wharves, docks, waterways, locks, bridges and navigation aids have the priority.
(4) which is not sufficient under paragraph 2 No. 1 applicable limit of liability for claims for personal injury to the full satisfaction of the claims, as is referred to in paragraph 2 No. 2 calculated amount to satisfy the unsatisfactory residual claims referred to in paragraph 2 No. 1 available. Here, the residual claims of personal injury have the same rank as the claims for property damage; Paragraph 3 is not applicable in this respect.
§ 5i in derogation from sections 5e, 5f § 1 and § 5 h a Berger can within the meaning of § 5 c para 1 No. 2 or a pilot operating aboard its liability for all claims arising from the same event due to injury on a limit of liability in the amount of 200,000 units of account, as well as claims for property damage on a limit of liability in the amount of 100,000 units of account limit. 5 g shall apply accordingly § 5f 2 and §.
section 5j a separate limit of liability applies to all claims arising from the same event of wreck removal. This is half of the liability limits relevant according to § 5e. The limit of liability is available exclusively for the satisfaction of the claims of wreck removal available.
a separate limit of liability applies all the claims arising from the same event due to the death or injury of persons, the 1 on the basis of a contract of carriage of passengers or 2 with the consent of the carrier, accompanied by a vehicle on the basis of a good contract of carriage with the ship transported or animal with the ship have been promoted (travellers), § 5 k (1). This is available exclusively for the satisfaction of claims of travelers available.
(2) the limit of liability for claims for personal injury of passengers pursuant to paragraph 1 is 60,000 units of account, multiplied by the number of travellers who may carry the ship after the certificate. Is the number of passengers which may be carried not specified, the limit of liability is determined according to the number of passengers, which has actually promoted the ship at the time of the event liability giving rise. The limit of liability is however at least 720,000 units of account or more than 12 million units of account.
(3) by way of derogation from paragraph 2 of the limit of liability for a Bailey No. 2 is 5 c par. 1 within the meaning of § or on board, pilots make a 720,000 units of account.
§ 5l the unit of account mentioned in this section is the special drawing right of the International Monetary Fund. The liability amounts relevant to the sections 5e and 5 k are converted into euro according to the value of the euro in relation to the special drawing right at the date of the establishment of the liability fund or the lodging of a security approved by the Court. Is the limitation of liability in the way of the Defense claimed according to § 5 d para 3, decisive time for the conversion is the day of judgment. The value of the euro in relation to the special drawing right is determined according to the method of calculation applied by the International Monetary Fund on the relevant day for its operations and transactions.
§ 5 m are the §§ 4 and 5l without regard to the law applicable according to private international law apply if at the time of the event liability giving rise to 1 the ship for the liability to be limited, a German waters, or an other the Strasbourg Convention on limitation of liability in inland navigation - CLNI (BGBl. 1998 II p. 1643) restricted waters has used or 2. salvage operations for a domestic progress in the area of such waters in danger - or ocean-going vessels or for the charging of such Inland waterway or seagoing ship are provided or 3 has been a ship sunken in the area of such waters, immobile, gridlocked or abandoned or the charge of such vessel raised, removed, destroyed or rendered harmless.
Is the event on a foreign to the Strasbourg Convention on limitation of liability in inland navigation - CLNI (BGBl. 1998 II p. 1643) controlled waters occurred, so determined is however by way of derogation from § 5 k para 2 sentence 3 of the limit of liability for all claims arising from the same event due to the death or injury of passengers to the law applicable under private international law.
§ 6 (1) is the Court of the place from which is operated with the ship navigation (home town), subject to section 3 paragraph 1 of the law on the judicial procedure relating to inland waterway transport by September 27, 1952 (Bundesgesetzbl. I p. 641), responsible for all against the ship owner as such charges to be collected without distinction, whether he personally or shall be liable only with the ship.
(2) under several hereafter relevant places the place considered hometown, where the business establishment, with several branches headquarters and the residence of the owner of the vessel is located in the absence of a business establishment.
(3) a home town is cannot be determined, it is the place where the vessel owners to trade tax or income tax is assessed as such.
Second section Schiffer § 7
(1) the leader of the vessel (Schiffer) is obliged to apply all service activities, particularly in the fulfilment of contracts executed by him, the care of a regular saga.
(2) he is liable for any damage caused by the neglect of this care not only the shipowners, but also the cargo (sender and receiver), transported the people and unless the ship's crew, he acted on instructions of the owner of the vessel. In the latter case, the boatmen remains responsible, if he has, fail to grant the case required educating the owner, or if a criminal act to the last fall.
(3) by the issuance of the statement, the shipowner is obliged when he was informed of the issuance of the thing ratio.
§ 8 (1) of the boatman has to see that the ship in fahrtüchtigem condition, is part furnished and equipped and sufficiently manned, and that the order and load directories are on board before the trip on it.
(2) it has the efficiency of equipment for loading and unloading, for proper stowage of cargo, and to ensure that the ship is loaded not heavier than the carrying capacity of the same and the water level conditions allow it.
(3) if the boatman abroad not observed the there regulations, in particular the police, tax and customs laws, so he has to make the resulting damage.
(4) (lapsed) § 9 (1) when the boatman by disease or other causes is prevented, to guide the ship, so he may not unduly delay the commencement or the continuation of the journey; He must use rather, if time and circumstances permit, catch up with the arrangement of the ship owner and the appropriate arrangements for the meantime, an other boatmen in the opposite case.
(2) for this Deputy he is responsible only to the extent as in the choice of the same fault to load him.
Article 10 (1) of the boatman is obliged to inform the ship owner informed of damage of the vessel or the cargo, incoming transactions, as well as by establishing a different saga (section 9). He has in all significant cases, namely if he finds the journey to set or change compelled, to seek the issuance of retention measures at the ship-owners, if the circumstances allow it.
(2) in the interest of the cargo, the boatman has during the journey for the best of cargo as possible to ensure.
(3) to prevent or reduce loss special measures be one required, he shall, if feasible, to obtain the statement of the cargo, to induce the required even to our reasonable discretion and to make sure that the cargo will be used by the incident and the measures initiated this as quickly as possible having regard to.
Section 11 (1) is concerned, the ship or the cargo of an accident so the boatman is entitled and obliged at the request of the owner of the vessel or a cargo in a District Court of the place where the journey ends, and, if the ship previously elsewhere remain longer must obtain evidence about the actual sequence of events as well as the extent of the damage that has occurred and the to avert or reduce the same applied funds before the District Court of this place. He has to offer himself as a witness, and to call the evidence otherwise relevant to determining the ratio of the thing.
(2) evidence before the Court referred to in paragraph 1 is not been required, the boatman is entitled and obliged to apply for a taking of evidence before the Court responsible for inland waterway transport things, in whose district the accident occurred at the request of the owner of the vessel or a cargo.
§ 12 to the recording of evidence determines the Court appointment as middle to which the boatman and the otherwise designated witnesses are to download. Communication to make, as far as it can be done without disproportionate delay of the proceedings is the shipowner and the cargo from the date. The communication can be done by public notice.
Article 13 (1) the recording of evidence according to the rules of civil procedure.
(2) as far as after this, not the swearing of the saga are excluded, the Court decides on the same discretion.
(3), and are affected by the accident about otherwise entitled involved on ship and cargo, to attend in person or through representatives of the negotiation. You can apply for an extension of the evidence adduced more evidence.
(4) the Court has the power to order an extension of evidence also by virtue, as far as this is deemed necessary to the investigation of the facts of the case.
Section 14 (1) (2) is applied for the proceedings at the request of a cargo, so he has the costs incurred this refund, as far as not entitled to reimbursement of the accident it has incurred damage. The obligation of the owner of the vessel, to refund the costs incurred, the boatman is not affected.
(3) in cases of large average, the provision of section 84 shall apply.
§ 15 (1) is located the ship to hometown, nor in a location where the shipowner has a business branch, the boatman third party is entitled under his employment, to collect the cargo claims, as well as for the shipowner to perform all legal acts and transactions, which requires the execution of the trip.
(2) the ships only on the basis of an authorization of the owner of the vessel, ermächtigenden him is entitled to the entering into of bills, the sale or pledge of the vessel and cargo contracts.
Section 16 (1) transactions which the boatman arrives while the ship are only binding for the ship owner, is a designated place located in article 15, paragraph 1, if the Boatman on the basis of a power of Attorney has acted, or if another special obligation reason exists.
(2) for the issue of charge slips, the boatman irrespective of the place is authorized.
Section 17 of the ship owner, which has limited the legal powers of the boatman, can oppose only the failure to comply with these restrictions a third party, if he proves that they were known to the third party.
Ship owners against the provisions of §§ 15 are the section 18 for the extent of the powers of the saga and 16 also decisive, if not the shipowner has limited those powers.
Article 19 (1) by a legal transaction which was the boatman in his capacity as leader of the vessel, except without the name of the owner of the vessel within its statutory powers has closed, the shipowner is entitled the third parties and the liability of the ship owner.
(2) the skipper himself is the third not obliged by the legal transaction unless he has guarantees its fulfilment or exceeded his authority.
Section 20 (1) of the boatman is, not this Act another unless otherwise provided in, the rules which apply to the technical staff in the sense of trade regulations.
(2) & (3) (4) took the boatman a journey, then he is obliged to stay until the end of the journey and the posting deletion of the vessel in the service, except that there is a reason justifiable the immediate outlet.
(5) if the employment relationship prior to the arrival of the vessel at destination is lifted during the trip, the boatman is entitled to the costs of the return journey according to the place where he has entered service. This provision shall not apply if the boatman has made himself guilty an Act, which is liable to warrant his immediate release.
(6) a reason justifiable the immediate release does not exist, so the boatman may be, dismissed at any time his service but without prejudice to its claims for compensation for the period until the end of the contractual period of employment or until expiry of the notice period.
Third section crew § 21 (1) to the ship's crew are the persons employed to the navigation service on the ship of the ship's crew, particularly the tax people, boat people, sailors, ship servants, ship's boy, Machinists and heater with the exception of the saga.
(2) the ship's crew is subject to trade regulations.
§ Begins 22 requiring the ship's to the start of the service, unless otherwise arranged with the service agreement. The ship man has approached the service within twenty-four hours, he needs not to be adopted. The claim of the owner for damages will not be affected.
Section 23 (1) which is SAH is obliged to obey the orders of the saga of the ship service taking into account and at any time all for ship and cargo transferred work to do it.
(2) he's not allowed to leave the ship without permission of the saga.
(3) the ship, in a car crash the ship man for rescue of persons and their baggage, as well as for ensuring the ship parts, the equipment and the load has in accordance with best efforts to ensure the arrangements of the saga.
If nothing else is agreed about the time of the payment of wages, the ship man at the end of every second week may require the payment of earned wages.
Section 25 (1) (2) after commencement of the journey the ship man is obliged to stay until the end of the trip and to the posting deletion of the vessel in the service, except that there is a reason justifiable the immediate outlet.
(3) if the employment relationship prior to the arrival of the vessel at destination is lifted during the trip, the ship man is entitled to the costs of the return journey according to the place where he has entered service. This provision shall not apply if the ship man has made himself guilty an Act, which is liable to warrant his immediate release.
(4) a reason justifiable the immediate release does not exist, so the ship man may be, dismissed at any time his service but without prejudice to its claims for compensation for the period until the end of the contractual period of employment or until expiry of the notice period.
Fourth section cargo business. Ship licence agreements article 26 on the freight for the carriage of goods on inland waterways shall apply the provisions of the fourth section of the fourth of book of the commercial code.
The §§ 553-556 of the commercial code § 27 (1) to the contract for the rental of an inland waterway are apply mutatis mutandis.
(2) to the contract for the use of inland waterways with crew on time for the purpose of transporting goods or persons, or other agreed services by one who makes available, the ship are the sections 557-569 of the commercial code apply mutatis mutandis.
sections 28 to 76 (dropped out) fifth section are carriage of passengers and their luggage § 77 on the carriage of passengers and their luggage on rivers and other inland waters to apply the paragraphs 536 to 552 of the commercial code according to.
Sixth section large average section 78 (1) the ship, fuel, cargo or more of this stuff to salvation from a common danger on the orders of the saga are intentionally damaged or sacrificed or expenses are made for this purpose on the orders of the saga (large average), so the damage incurred and expenses of the parties involved be taken jointly. Who is the owner of the vessel, fuel or a piece of cargo belonging to the charge or the owner of the freight at the time of the Havereifalls is more involved.
(2) the person entitled to compensation have the rights of a creditor of ship on the ship (§§ 102-115) for their demands on the contributions to be paid by the owner of the vessel, as well as by the owner of the cargo claim.
(3) on the large average are the sections 589 to 592, 594 and 595 of the commercial code shall apply that for the distribution on the items to turn off is that one of the parties according to sentence 2 attributable to paragraph 1.
sections 79 to 91 (dropped out) seventh section collision by ships. Salvage section 92 (1) liability for damages during the collision of vessels shall be determined according to the provisions of §§ 92a to 92f. (2) a ship damages by execution or omission of a manoeuvre or by not observing a regulation another ship or persons on board the vessels or things a, without having a collision takes place, so find the provisions of §§ 92a to 92f mutatis mutandis.
(3) as the ships within the meaning of these regulations are also small vehicles. Moving parts of ship bridges are just the ships.
no claim for compensation of for damage which has been added to the ship or persons on board or stuff by accident or force majeure or that stems are uncertain there is section 92a In the event of a collision by ships.
§ 92 b damage due to fault of the crew of one of the ships is brought about, so the owner of this vessel to the compensation for damage is required.
the damage through the common fault of the crews of the vessels involved section 92 c (1) is brought about, so the owners of these vessels to the compensation of for damage inflicted on the ships or the onboard stuff, are obliged to proportion of the seriousness of fault prevailing on every page. Such a relationship can be fixed to the not according to the circumstances or the fault obwaltende on every page appears difficult, as equal so the ship owners equally are liable.
(2) for the damage caused by the killing or injury of the body or the health of a person on board, the shipowners shall be liable if the damage due to common fault is brought about, the injured severally. In proportion of ship owners to each other, the provisions of paragraph 1 apply to such damage.
§ 92d in application of section 92, 92 c is § the fault of an active onboard controllers equal to the fault of a member of the ship's crew.
section 92e the sections 92 to 92d apply also if the vessels involved belong to same tow.
§ 92f (1) §§ 92-92e also apply to the liability of the persons of the ship's crew and the pilot.
(2) the rules on the limitation of liability of the owner of the vessel, the crew members and the pilot and its liability under contracts remain unaffected.
§ 93 salvage (1) the rights and obligations of the not a seagoing ship active Bergers, who provides assistance to a barge in inland waters at risk or other asset, as well as the rights and obligations of other recovery measures people involved to find the paragraphs 574 to 584, 585 paragraph 2 and 3, § 586 and 587, 606 application corresponding to number 3 in conjunction with § 607, paragraph 7 and Article 618 of the commercial code and article 8 of the introductory act to the Handelsgesetzbuche.
(2) the holder of a claim on reward, special remuneration or to salvage number 3 for his claim has the rights of a creditor of ship on the salvaged ship according to § 102.
articles 94 to 101 (dropped out) eighth section of ship creditors section 102 the following requirements grant the rights of creditors of the ship: 1 public ship and shipping charges, especially the bridge, lock, Canal and Harbor funds;
2. claims stemming from the service contracts of the ship's crew, salaries and wages for the past, but no more than for a period of six months, calculated by the seizure in the foreclosure proceedings of the vessel ab;
3. the pilot fees and reward or special compensation including salvage; the contributions of the vessel to the large average;
4. the claims because of injury (§ 4 para. 2) and injury (§ 4 para 3), occurring on board or in direct connection with the operation of the vessel
5. not covered by one of the previous numbers claims from legal transactions, which the boatman as such under its statutory powers (sections 15, 16) and has ruled with respect to a power of Attorney;
6. the claims of the institution of social security including unemployment insurance against the shipowners.
The holders of ship have § 103 (1) a lien on the ship in addition to Accessories.
(2) the lien is traceable to any third party owners of the vessel.
(3) the satisfaction of the lien is carried out on the basis of an enforceable title under the rules on enforcement.
§ 104 several ships in a flotilla, a lift, a bandage tightly coupled ships with its own driving force are United, so extends the lien of the ship holder only on the ship, which caused the damage.
§ 105 of a the holders of ship related to Lien applies equally to capital, interest and costs.
Section 106 (dropped out) § 107 the order of precedence of the liens of the holders of ship shall be determined by the order in which of the numbers under which the claims are listed in § 102.
Section 108 (1) liens for the claims mentioned in same paragraph have, as far as is not another apparent from paragraphs 2 and 3, regardless of the time of its creation the same rank.
(2) of the liens for which § 102 No. 3 is listed demands that for the later claim which of the previously incurred debt before; Liens because at the same time incurred claims are equal. Claims arising on the occasion of an and of the same emergency be emerged as simultaneous.
(3) liens for in § 102, no. 4 going listed claims due to injury before liens for the requirements listed under the same number due to property damage.
Section 109 (1) the lien of the holder of the ship has precedence over the other liens on the boat for the requirements listed in § 102 under number 4 to 6 only to the extent as those liens are not used.
(2) If after this proceed the other liens on the ship of the claim of a creditor of the ship, they have precedence over the claims of other creditors of the ship below this requirement at the same time.
(3) suffers a ship creditors, which the shipowner shall be liable only with the ship, this a failure on his demand that the lien of a creditor going on its lien on the ship, is not ship believer, the shipowners in height this failure personally is obligated.
Section 110 is sold the ship except for the case of foreclosure, so the buyer is entitled to request the exclusion of the unknown ship creditors with their liens in the line-up procedure.
Section 111 does not apply the provision of § 110, if only the share of ownership of the vessel is the subject of the sale.
§ 112 (dropped out) § 113 If the shipowner at the forced sale or other sale of the vessel has collected the proceeds, he is liable each ship creditor whose Lien as a result of the forced sale or as a result of contingent proceedings according to § 110 is extinguished in the amount of that personally, resulting in a distribution of the collected amount according to the statutory order.
§ 114 (1) sends out the ship owners, after having obtained knowledge of the claim of a creditor of ship for which he is liable only with the ship, the ship to a new journey, without that this was necessary in the interest of the creditor, so he is obligated personally for the claim of that amount, which would have arise for the creditor , if the value had the ship to make the trip, would be been distributed among the holders of ship after the legal pecking order.
(2) until evidence to the contrary, it is assumed that the creditor in this distribution would have attained its full satisfaction.
Section 115 (1) the Lien also extends to a remedy which is available to the owner because of the loss or damage of the vessel against a third party. The same applies with regard to the compensation for damage to the ship in cases of large average.
(2) the lien does not cover a request from an insurance company, the shipowner of the ship has taken.
(3) to the extent that the shipowner has drawn the compensation or remuneration, he the holders of ship in the confiscated amount personally liable in the same way as for confiscation of proceeds (article 113).
Section 116 (1), the mortgage rights adhesive for the contributions to the large average on the cargo goods proceed the rights of lien referred to in section 442 of the commercial code. Under the former rights of Lien has the later resulting in the previously incurred preference; the contemporaneous are equal; Claims arising on the occasion of the same emergency be emerged as simultaneous.
(2) in cases of large average and loss or the damage caused by unlawful acts the corresponding provisions of article 115 apply.
Ninth section limitation section 117 (1) with the passage of a year shall expire: 1 public ship and shipping charges, especially the bridge, lock, Canal and Harbor funds;
2. stemming from the service contracts receivables of the ship's crew;
3. the pilot fees;
4. (disappeared) 5 contributions to the large average;
6. the receivables which the boatman of his statutory powers (sections 15 and 16) and not with reference to a power of attorney signed;
7. the claims due to the fault of a person, the ship's crew or a pilot (articles 3, 7), as far as their statute of limitations is not defined by § 118.
(2) the period of limitation begins with the end of the year in which the claim has become due.
Section 118 (1) damages from the collision of ships (paragraphs 92 to 92f) become time-barred upon expiration of two years after the event.
(2) compensation claims among several ship owners liable for damage from a collision severally at the end of the year. The limitation period begins with the date of payment on the basis of which the adjustment is requested, or, if before a judicial decision on the amount of joint and several liability has become final with the day of the legal force of the decision. The limitation of claims entitled to a joint and several debtor due to failure, he incurred at the stabilization by the insolvency of other Gesamtschuldners, against the other debtors, however does not begin before the date on which he gained authorized knowledge of the insolvency.
sections 119 to 129 - tenth section final provisions § 130 in civil litigation, in which action or counterclaim a claim on the basis of this Act is brought, the negotiation and decision of last instance within the meaning of article 8 of the introductory act to the Judiciary Act is assigned to the Federal Supreme Court.
The sections 15 to 19 on the legal relationship of the vessel are section 131 (1) vessels which are intended only for travel within the same place do not apply.
(2) the provincial governments be empowered to determine that rides between neighbouring towns of the trip within the same place in the sense of the first paragraph are of the same Ordinance.
(3) on shipping companies, which are in connection to the railway and are subordinate to the State Railway Inspectorate, the preceding provisions of this Act with the exception of paragraphs 4 and 5 m will find 92 to 92f, 118 no application.
(4) the same applies with regard to the operation of Fähranstalten, if not the operation by means of freely floating vessels takes place.
section 132 - section 133 (dropped out) Annex EV excerpt from EinigVtr annex I Chapter III section D section III (BGBl. II, 1990, 889, 960)-requirements for the joined area (article 3 EinigVtr)-section III federal law in the area with the following stipulations referred to in article 3 of the Treaty enter into force:...
4. inland waterway transport law in the in the Federal Law Gazette Part III, outline number 4103-1, adjusted version, last amended by article 2 of the law of July 25, 1986 (Federal Law Gazette I p. 1120), with the following conditions: by the German Government the amounts moderate limitation of liability should be introduced for commercial inland waterway vessels already before the international entry into force of the Strasbourg Convention of 4 November 1988 on the limitation of liability in inland navigation (CLNI).
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