Ship register order SchRegO Ausfertigung date: 19.12.1940 full quotation: "register of shipping regulations as amended by the notice of 26 May 1994 (BGBl. I p. 1133), most recently by article 9 of the Act of June 29, 2015 (BGBl. I S. 1042) has been changed" stand: Neugefasst by BEK. v. 26.5.1994 I 1133;
As last amended by article 9 G v. 29.6.2015 I 1042 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1981 +++) (+++ requirements due to EinigVtr cf. SchRegO annex EV;)
the requirements are no longer applicable +++) first section General provisions § 1 (1) the register of shipping are carried out by the district courts.
(2) by way of derogation by the arrangements in paragraph 1 country governments determine the courts where ship registers are to lead, and the register districts by regulation, if this is appropriate for a relevant and efficient completion of the procedure. The State Governments can confer Ordinance on the land justice administrative authorities the empowerment.
(3) the countries may agree that ship register things of a country are assigned to courts of another country.
Section 2 (1) for receiving an application targeted for a registration or request and notarization of the time arrives where the request or the request to the Court, are responsible with the leadership of the register for the affected ship representatives and the officials of the Secretariat ordered by the head of the local court for the ship register or individual departments. The request or the request refers to several ships in different divisions of the same court, everyone is responsible, coming pursuant to sentence 1 into account.
(2) entries in the register are to signing officer and the Registrar of the Office with the maintenance of the register. However, a judicial employee authorised by the head of the local court can sign instead of the Registrar. The certificates of the ship as well as the notes on the ship documents (§ 61) are to sign representative with the maintenance of the register.
(3) the provincial governments to determine by regulation that the clerk of the Court is responsible for 1 the publication of registrations, 2. allowing the inspection of the register files, 3. the issuance of transcripts from the register or the register files, 4. the certification of the copies, 5. the granting of certificates and certificates with exception of ship documents to third persons or places in the prescribed cases , as far as this for reasons of simplification or acceleration of the business or for the relief of maintaining the register officer is appropriate. The State Governments can confer Ordinance on the land justice administrative authorities the empowerment.
(4) the provisions of § 6 of the law on the procedure in family matters and in matters of voluntary jurisdiction is to apply mutatis mutandis to the Registrar of the Office. Actions of the Registrar of the Office are not for the reason ineffective, because they have been made by a local themselves or by the performance of his duties under law excluded Registrar.
(5) the amendment of a decision of the Registrar of the Office is required, so the judge decides if it does not comply with the request. The appeal will take place against his decision.
§ 3 (1) register of maritime shipping and inland shipping register are performed separately.
(2) in the sea register of shipping the merchant and other specific to sea-faring vessels (ships) are registered, may have to fly the Federal flag or lead section 1 or section 2 of the flag law.
(3) in the register of inland shipping vessels for shipping on rivers and other inland waters (inland) are entered.
Be entered may 1 vessels intended for the carriage of goods, if their biggest lifting capacity is at least 10 tons, 2. vessels not intended for the carriage of goods if their displacement at maximum immersion level is at least 5 cubic meters, and 3 tug, tanker vessels and pusher craft.
§ 4 (1) which is to be entered in the ship register of its home port or his hometown.
(2) is to be operated by the boat with a ship from a foreign port or lacking for a seagoing vessel to a home port, so the choice of the ship's registry is free the owner.
(3) the owner has neither his residence nor its commercial presence in the scope of the basic law, it is obliged to appoint a resident representative, to perceive 62 justified rights and obligations towards the Court has that according to articles 9 to 22 in the District of the Court. This does not apply in the cases of § 2 paragraph 1 No. 1 of the flag law.
§ 5 is a seagoing vessel in the domestic ship register or a barge in the sea register of shipping, so the entry of the ship does not for this reason is invalid.
§ 6 (1) is a ship in the sea register of shipping, so the owner can rely on the fact, that it was a barge.
(2) If a ship in the register of inland shipping is entered, so the owner can rely on the fact, that it was a seagoing vessel.
§ 7 receives any ship at entering a special place in the ship register (tab). The tab is for the ship as the ship register.
Article 8 (1) the register is public; Inspection of the register is permitted for each. On request, a copy of the registration shall be granted; the transcript is requested to authenticate.
(2) the inspection of the files of the register is permitted only if a legitimate interest is made credible; Paragraph shall apply mutatis mutandis to 1 sentence 2. The same applies to the insight in documents, the reference is taken in the ship register to complement a registration, as well as in the pending registration requests.
Second section of ship registration article 9 a ship, which according to § 3 para 2, 3 in the register may be entered, is entered, if the owner of propriety (sections 11 to 15) logs on to the registration. The registration simply barges through one of several co-owners.
Article 10 (1) registration of a seagoing ship is obliged the owner if the ship to fly the Federal flag has according to § 1 of the flag law. This does not apply to sea-going vessels, hull length that does not exceed measured between the outermost points of the Vorstevens and the Hinterstevens, 15 meters. The Federal Ministry for transport, building and urban development management arrangement generally or in a particular case may allow exceptions from the obligation to notify.
(2) registration of inland waterways the owner is obliged to, 1 or 3 If the ship for the carriage of goods is determined and its largest capacity is at least 20 tons, 2nd is if the ship for carriage of goods and its displacement at maximum immersion level is at least 10 cubic meters, if the ship is a tug, a tanker or a Pushboat.
(3) ships in the property and public service of the Federation, a country associated with the Federal Government or a public service Corporation or institution headquartered within the scope of the basic law need not to be applied to the registration.
Section 11 (1) upon registration of a seagoing ship shall specify: 1. the name of the ship;
2. the genus and the main construction material;
3. the port of registry;
4. the location, the shipyard where the ship was built, and the year of the batch run, except that this finding is only with special difficulties;
5. that in accordance with resolution A. 600 awarded November 19, 1987, the International Maritime Organization (IMO) ship identification number (IMO number), provided that it results from the calibration certificate or appropriate certificate (section 13), the results of cadastral surveying (15), as well as the performance of the machine;
6. the owner, at a shipping company with shipowners and the size of the ship lines, at a public trading company the partners in a limited partnership or a partnership limited by shares the personally liable partner;
7. the legal basis for the acquisition of the property;
8. the facts substantiating the right to bear the national flag;
9. when a shipping company of the correspondent shipowners;
10. in the case of § 4 para 3 of the representatives.
(2) the ship domestically is still not officially measured, providing the results of a survey undertaken abroad meets No. 5 to paragraph 1.
§ 12 at registration of inland waterways are to specify: 1. the name, number, or the other brand of the ship;
2. the genus and the main construction material;
3. the home town;
4. the location, the shipyard where the ship was built, and the year of the batch run, except that this finding is only with special difficulties;
5. in the case of vessels intended for the carriage of goods, the biggest resistance to other ships the displacement maximum immersion level as well as ships with private drivers also the performance of the machine;
6. the owner, when several owners the size of each share;
7. the legal basis for the acquisition of property.
(1) in article 11, paragraph 1 No. 3, 4, 6, 7, para 2, § 12 No. 3, 4, 6, 7 referred to information as well as the performance of the machine are credible. The certificate (article 11, para. 1 No. 5), the calibration certificate or an other specific certifying the largest load capacity or the water displacement at maximum immersion level and appropriate official certificate (§ 12 No. 5) shall be provided. the ship domestically is still not officially measure (section 11 subsection 2) or calibrated, § 12 is sufficient to § 11 para. 2 No. 5 the presentation of the measurement certificate or of the calibration certificate of the foreign authority or other suitable to the Glaubhaftmachung of information certificate.
(2) when the registration of a seagoing ship, you are to prove facts substantiating the right to bear the national flag.
§ 14 (1) a ship shall not be worn in the ship register as long as it is registered in a foreign ship registers. At the request of the Court is to make that such registration does not exist.
(2) a ship is according to § 10 ABS. 1, 2 for registration must be registered, on a foreign ship register, so has to cause the cancellation of the registration in the register of the owners.
(3) has been registered the ship in a foreign ship register, a certificate of the foreign authority about the cancellation of the registration of the ship is to be so; the submission can be omitted if it is infeasible.
Section 15 is wholly or partly domestically built the ship, shall be submitted, upon registration a certificate of the Court of the place of construction in, whether the ship in the ship building register is registered; If necessary, a certified copy of the register sheet is to be attached. In the certificate, it is indicating that it is issued for the purposes of the registration of the ship in the ship register.
§ 16 (1) which has registration of the ship (article 9) in article 11, paragraph 1 No. 1 to 7, 9, paragraph 2, article 12 designated information, permitted certificate and the date of the registration to include the name of the certificate, of the calibration certificate or another according to article 13, paragraph 1; be signed by the competent official.
(2) where registration of a seagoing ship is also allocated distinctive, as well as the determination to enter the ship to the leadership of the national flag is entitled under what provision of the flag law, a boat from the Court.
(3) the ship in the ship building register is registered, there registered ship mortgages are so with their previous rank by virtue in the ship register; the registration of the ship is to inform the shipbuilding register.
(4) before the registration of the ship another contradicted the Court against the registration of the applicant as owner on the grounds, that he was the owner of the ship, so the Court with the registration of the ship in favor of the other can enter a contradiction against the accuracy of the property registration.
Article 17 (1) changes in section 11 paragraph 1 immediately entered in the ship register to log on to no. 1 to 3, 5, 8, 9, para 2, § 12 5 designated no. 1 to 3, according to § 16 para 1, 2 registered facts are the.
(2) is approved according to § 7 of the flag law, that the ship in place the national flag flying a different flag, so to login to the registration, that and how long the right to bear the national flag must not be exercised. Is the approval is withdrawn, it is to the ship register to login, that the right to bear the national flag may be exercised again.
(3) § 16 section 1, applies the registration you receive 2.
(4) a ship goes down and to see it lost as final or it is unable to repair or a seagoing vessel loses the right to bear the national flag, so this immediately to the shipping register to login.
(5) the registered facts are credible. Section 13, subsection 1, sentence 2 shall apply mutatis mutandis.
Article 18 (1) for registration according to § 17 is committed when a shipping company of also the correspondent shipowners, the owner.
(2) so the application multiple debtor are available, satisfies by one of them; the same applies if the owner is a legal person or a company, which is represented by several people.
Article 19 (1) who one whether obligation does not meet him after pursuant to sections 10, 13-15, 17, 18, is, stop by the registration Court through the setting of penalty. The single penalty must not exceed the amount of one thousand Deutsche mark.
(2) the sections 388-391 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall apply mutatis mutandis for the procedure.
Section 20 (1) the registration of the ship in the ship register is cleared when one of the facts referred to in § 17 paragraph 4 is applied. Is reported, that the ship has become incapable of repair, the Court has to notify the registered ship mortgagee of the proposed deletion, and at the same time to determine an appropriate period to assert of an objection to them. The time limit must be no less than 3 months. Sentence 1 shall apply accordingly § 21 para 2, 3 and 4.
(2) the registration of an inland waterway is also deleted if it has received his hometown abroad. The registration of a ship, whose signing is at liberty to the owner is deleted even if the owner requests cancellation; There are several co-owners, it requires the consent of all co-owners.
(3) a ship lost the right to bear the national flag, so its entry must be deleted only if the ship mortgagee and if a ship mortgage deletion this grant according to the contents of the ship's registry with the rights of a third party is charged; section 37 shall apply mutatis mutandis to the approval. The same is true in the cases of paragraph 2 (4) the authorizations referred to in paragraph 3 at registration is not available, is to enter, in the case of paragraph 3 sentence 1 immediately in the ship register, that the ship has lost the right to bear the national flag, in the case of paragraph 2 sentence 1, that the ship has its home town from abroad. The registration acts, as far as the registered ship mortgages not considering come as a cancellation of the registration of the ship.
(5) for the deletion of a seagoing ship registered on July 1, 1990 in the ship register, for which the owner proves that the length of the hull, measured does not exceed between the outermost points of the Vorstevens and the Hinterstevens, 15 meters, is irrelevant, whether the gross tonnage exceeds 50 cubic meters.
§ 21 (1) is registered in the ship, although the entry routes lack of one essential condition was not permitted, or a registration prescribed by § 17 section 4 or the registration of fact referred to in the section 20 para 2 sentence 1, committed not on the route referred to in section 19 by achieved can be, the registration of the ship should be officio delete. The Court has to notify the registered proprietor and the other arising from the ship register authorized by the proposed deletion, and at the same time to determine an appropriate period to assert of an objection to them. The period must not exceed not less than three months.
(2) the designated persons or your stay is not known, the notification and determination of the period is at least once in an appropriate newspaper and in a shipping journal to move. The notice may be omitted if it is impracticable; in this case, the copy of the notification and period determination on the Court Panel is to tack. The period begins with the end of the day on which the last sheet containing the announcement is published by attachment to the Court Panel with the end of the day on which the attachment is done.
(3) is appealed, the Court decides on it. The available assign back the opposition may be challenged with the instant appeal.
(4) the registration of the ship can only be deleted if not appealed, or if the available assign back the opposition has become final. Contrary to a ship mortgagee of the cancellation of the registration of a seagoing ship which has lost the right to bear the national flag, with the justification that the mortgage of the ship continues to exist, so is in the ship register only to enter, that the ship has lost the right to bear the national flag; contradicts a ship mortgage holder of deleted which as is registration of inland waterways, which has its home town from abroad, those grounds, only to be entered in the ship register that the ship has its home town from abroad. Article 20, paragraph 4, sentence 2 shall apply accordingly.
Section 22 is done for 30 years no entry in the ship register and after consulting the competent maritime authority, in ships of the maritime trade association, is to assume that the ship no longer available or no longer is used for shipping purposes, the Court has, if not a ship mortgage or a usufruct on the ship is registered, to delete the entry of the ship by virtue , without the need of the procedure according to § 21.
Third section the registration of legal relations article 23
(1) in the ship register, a registration is given only on request, unless otherwise prescribed. The date in which the application to the Court, should be noted on the application exactly. The application has entered in the register if it is submitted to a competent official to receive. He made the transcript of such officials, he has entered with completion of the transcript.
(2) grant is everyone whose Recht is affected by the registration or in whose favour the registration should occur.
§ May request the 24 the rectification of the ship's registry by registering a legitimate which may require an entry in the ship register if the admissibility of this entry depends on that before the ship register shall be adjusted on the basis of an enforceable against the legitimate title.
Section 25 is beurkundet the required a registration statement by a notary public or authenticated, so shall be deemed to be entitled to apply for registration on behalf of an eligible.
Section 26 (1) a registration application, whose handling of a reservation is established, should not be held.
(2) be applied for multiple entries, so can the applicant be, that there should be an entry without the other.
§ 27 be requested multiple entries by the same law is concerned, must be later applied for registration before the completion of the previously set request.
Section 28 (1) precludes an obstacle to a proposed registration, so the Court has to determine the applicants a reasonable period to remedy the obstacle or to reject the application, stating the reasons. In the first case, the application is the period after be rejected if not the obstacle now fixed and this is shown to the Court.
(2) another entry is requested before the processing of the application by the same law is concerned, shall be entered in favor of the previously set request officio a protection notice; the registration of the note of protection applies in the sense of article 27 as processing this application. The protection notice is deleted by virtue, when the previously set request is withdrawn or rejected.
§ 29 an enlistment, if he approved them, whose Recht is affected by it.
Article 30 in case the legal transfer of ownership of an inland waterway vessel may be registered only if the agreement of the transferor and the transferee is explained.
Article 31 (1) to correct the ship's registry not need the permit according to § 29, if the inaccuracy is detected. This applies in particular to the registration or deletion of a restricted.
(2) a new owner must be entered by way of a correction of the ship register on the basis of a permit according to § 29 only with his consent, provided that is not the case of section 24.
§ 32 is applied for registration of a new owner or transferee of a ship saves in a seagoing ship, is to prove that the ship is still entitled to the leadership of the national flag.
§ 33 arising doubts against the accuracy of the registration of the owner in the ship register, so has officio the necessary investigations to make the Court. The investigation revealed that the ship register is incorrect, the Court has to stop those involved, to make the request for correction of the ship's registry, and to obtain the documents required for the rectification; Article 19 shall apply mutatis mutandis.
Article 34 set the transfer or the burden of a claim, for which there is a lien on a ship mortgage, be entered as simply if the Abtretungs - or the load statement of the previous creditor issued at point of entry permit.
§ 35 a ship mortgage may be deleted by way of a correction only with the consent of the owner. This does not apply if it is shown, that reached the ship mortgage not to the origin.
To carrying amounts of money in the currency valid in the scope of the Basic Law article 36 entry permits and registration applications shall be indicated as far as not registering in another currency is permitted.
Section 37 (1) a registration should only be made if the registration permit or other registration be required declarations by public or publicly certified documents. Other requirements of registration require, unless they are obvious on the Court, of the proof by authentic instruments; the proof in this form not or only with disproportionate difficulties can be carried, the Court can other proof for sufficiently consider, if the fact of the Court no doubt through him.
(2) (repealed) (3) declarations and requests for a public authority, on the basis of which an entry is to be made, are to sign and seal or stamp to.
Section 38 for the application for registration, as well as for the power of attorney to the position of such a section 37 applies only if at the same time a required registration statement shall be replaced by the application.
Article 39 declarations, by which an application for entry is withdrawn or revoke a power of attorney granted to the submission of the registration application, require the form prescribed in section 37, paragraph 1, sentence 1.
§ 40 proof, that between spouses or life partners separation or a vertragsmäßiges property law exists or that an object belongs to the reserved goods of a spouse or life partner, can be provided by a witness of the Court concerning the registration of the marital property relations in the matrimonial register.
Section 41 (1) proof of inheritance can only be carried by a certificate of inheritance or a European certificate of succession. The succession based however on a disposition of death, which is contained in a public document, it is sufficient if the injunction and the transcript of the opening available be submitted in place of the certificate of inheritance or of the European certificate of succession; the Court considered the succession by this note not for proven, it may require the presentation of a certificate of inheritance or of a European certificate of succession.
(2) the existence of continued community property and the power of an executor of estate property available can only through the in §§ 1507, 2368 of the civil code certificates provided for or be demonstrated through a European certificate of succession; the provisions of paragraph 1 are however to apply sentence 2 according to on the proof of the power of the executor.
Section 42 (1) to be registered one when a ship or a ship mortgage, which belong to a discount, by several heirs as owner or new believer, as a testimony of the Probate Court is sufficient to demonstrate of the succession and required for the registration of the transfer declarations of the parties.
(2) the certificate may be issued only if the conditions for issuing a certificate of inheritance and heirs before the Probate Court to the transcript of the judge's declarations or him are proven by public or publicly certified documents.
(3) the provisions of paragraphs 1, 2 shall apply mutatis mutandis if a ship or a ship mortgage, which belong to the is of a marriage or a continued community property, one of those involved as owner or holder to be registered.
43 set a usufruct on a ship for the purpose of the fulfilment of any obligation to order of the usufruct of a heritage entered §, the presentation of the available death is sufficient proof of the existence of the obligation and is the record of the opening of available, even if the available not in a public document.
Section 44 can be demonstrated a fact by the testimony of the leading the ship register local court over the content of other registers or files or documents, that have been recorded or kept with him by the Court, so the reference to the registry or files is sufficient instead of the presentation of the certificate or the certificate. § 32 of the land regulation applies for the detection of material circumstances arising from entries in the trade, cooperatives, partnership or association register.
Article 45 in the cases in which according to the legal regulations an authority shall be entitled to request the Court to a registration, shall be the registration on the basis of the request of the authority; Section 23 subsection 1 sentence 2, 3 shall apply mutatis mutandis.
§ 46 a registration should occur only if its Recht is affected by them is registered as the owner; This does not apply if the affected heritage of the registered is affected.
Section 47 (1) when a ship mortgage which is registered for the requirement of a bond in bearer or from an Exchange or any other document transferable by endorsement to be an entry only when the certificate is submitted. The registration is to be noted on the certificate.
(2) this does not apply if a registration on the basis of the permit one to be effected according to article 74 of the law on rights of ships and shipbuilding works of appointed representative or on the basis of one against this adopted by judicial decision.
Each entry should state the date, on which it is done. Be signed by the competent official.
Section 49 (1) to cause multiple entries between which there is a rank relationship in a section of the ship's registry, so they receive the order corresponding to the time sequence of receipt of applications; entered the applications at the same time, so in the ship register is to be noted that the entries have the same rank.
(2) are multiple entries, which are not at the same time requested and between which a rank ratio is, causes in various departments under indication of the same date, shall be noted in the ship register, that later applied for registration earlier requested the rank is.
(3) paragraphs 1, 2 do not apply, as far as the rank relationship by the applicants is different.
Section 50 (1) a right, a flag, a contradiction or a restricted will be deleted by an entry in a deletion notice.
(2) a registered right not with transmitted in the transfer of a ship on another sheet, it shall be deemed deleted.
Section 51 is entered a right for several community, so should the interests of the beneficiaries in the registration either specified in fractions or it should are referred to the relevant Community legal relationship.
Article 52 (1) be subjected to several ships of a ship mortgage or a usufruct, is to make the co load of the remaining officio visible on the journal of each ship. The same applies if after another ship with a such a ship existing law will be charged.
(2) the termination of a joint burden is by virtue to be noted.
Article 53 with the registration of a ship mortgage for bonds that are or can be transferred by endorsement on the holder it enough for the total amount of the claims, stating the number, the amount, and the labelling of the individual notes will be entered.
Article 54 with the registration of Vorerben is at the same time the right of Mrs. and, as far as the Vorerbe free from the limitations of his right of disposal shall be entered also the liberation by virtue.
Article 55 an executor is appointed, so this is at the entry of the heir with officio file, except that the discount item is not subject to the administration of the executor.
Article 56 arises that the Register court in contravention of legal provisions has made a registration, that the register has made inaccurate, a contradiction to enter by virtue. Proves to be an entry on its content as inadmissible, is so by virtue to delete.
Article 57 (1) each registration to the applicant and the registered owner and be made known everyone in the ship register in their favor that registration is done or whose Recht is affected by it, including those for the ship mortgage or a right to such in the ship register registration an owner is registered. The notice may be waived.
(2) each entry in the first and second division of sea ship register and the register of inland shipping is the federal maritime and hydrographic Agency for carrying out the tasks according to the law of the sea task, to make known the flags Act and the inland waterway transport task act as well as the local occupational safety and health authority for the fulfilment of their tasks under the Salian law.
Section 58 for the registration of the legal relationships of a ship saves the sections 23 to 57 shall apply mutatis mutandis.
Section 59 (1) documents, based on which a registration or refers, has to keep the Register court. May issued such a document, instead of the document is a certified copy with the Court.
(2) a is the other files of the District Court of leading the ship register documents referred to in paragraph 1 containing so a reference to the other files is sufficient instead of a certified copy of the certificate, if not subject to destruction.
(3) a certificate is about the underlying a registration permit law business, so can those involved the certificate or a certified copy of the Court to the storage passed.
Fourth section the ship certificates article 60 (1) the Court has to issue a certificate of registration of the ship, in which the complete contents of the entries to record is. The instrument leads for sea-going vessels called ship's certificate for inland waterway called ship letter.
(2) in the ship's certificate is to testify that the information contained in it are credible and that the ship has the right to fly the Federal flag of the Federal Republic of Germany.
(3) a certified extract from the ship's certificate is the owner of a seagoing ship at the request of grant, in the only the record No. 1 to 5 facts referred to, the distinctive, and the certificate referred to in paragraph 2 are in the section 11, paragraph 1.
§ Is 61 each entry in the ship register as soon as feasible on the ship's certificate or the ship letter note. This does not apply to entries concerning the loading of a ship saves.
Section 62 (1) in the cases of § set 1, as well as in the transfer of ownership on the ship or in the acquisition of the persons referred to in article 18 are one ship saves required § 17, 20 para 2 to submit the ship's certificate or the ship letter to the Court. The same is true in the cases of § 17 of the excerpt of the ship's certificate. Also the boatman is obliged to submit once the vessel is in home port (hometown) or in the port, where the Court has its seat. Article 19 shall apply mutatis mutandis.
(2) in other cases, the Court can stop the holders of ship certificate according to § 35 of the law on the procedure in family matters and in matters of voluntary jurisdiction for filing.
(3) in the cases of § 20 para 1, 2, 4 is to disable the ship's certificate or the ship letter.
Section 63 (1) a new ship certificate or a new ship letter may only be issued, if the current document is presented or made credible that she destroyed or lost. The same applies, if the Court has given an extract from the ship's certificate of this.
(2) If a ship located abroad, that has to request the new certificate for return of the previous certificate through a German authority give court the boatman.
Article 64 (dropped out) fifth section register for shipbuilding works (ship building register) section 65 (1) for the register for shipbuilding works (ship building register) apply the sections 1, 2, 7 accordingly. § 2 paragraph 3 applies the permission of insight in the shipbuilding register.
(2) inspection of the shipbuilding register is permitted only if a legitimate interest is demonstrated. A copy can be obtained under the same condition. the transcript is requested to authenticate. In addition, § 8 paragraph 2 shall apply mutatis mutandis.
§ 66 a shipbuilding work is entered only in the shipbuilding register, if at the same time a ship mortgage on the ship-building factory will be entered, or if the forced sale of the shipbuilding work is requested.
Section 67 (1) which is shipbuilding plant to be entered in the register of the location of the building.
(2) the Court remains responsible for the maintenance of the register, also when the shipbuilding plant to another location outside of the register; It has to display the registration of the ship-building plant to the Court of the place of new construction.
Section 68 (1) the shipbuilding work is entered in the shipbuilding register if the owner of the shipyard where the ship was built, duly report it for registration. Is the owner of the shipyard not owner of the shipbuilding plant, so the owner can apply for registration.
(2) the shipbuilding plant can be applied for registration also, which may require an entry in the ship register or operate the forced sale of the shipbuilding plant on the basis of an enforceable title.
Section 69 (1) upon registration of the ship construction work shall specify: 1. the name or the number or other designation, and the genus of the ship under construction;
2. the location and the shipyard where the ship is built
3. the owner.
(2) is another known as the owner of the shipyard owner, a publicly certified statement of the owner of the shipyard is so upon registration to submit outlines how known as owner, purchased the property.
(3) evidence that the criteria of section 76 para 2 of the law on rights in registered ships and shipbuilding plants exist, is provided by a certificate of the competent authority of ship survey or out.
Article 70 the registration of the ship-building plant has that in the section 69, paragraph 1 what information the designation of § 69 para 2, 3 these documents and the date of the registration to include. Be signed by the competent official.
Any change in the registered facts and the completion of the ship have § 71 of the owner of the shipyard where the ship was built, and the owners of the ship construction work immediately to sign the Register court. The pending changes are to make credible. Article 19 shall apply mutatis mutandis.
After the registration of the completion of the ship, a ship mortgage in the shipbuilding register can no longer be registered. The same applies if the certificate is issued according to § 15.
Article 73 the registration of the ship-building factory is deleted, 1 if the owner of the shipyard that the ship abroad is delivered;
2. If the owner of the ship-building factory and the owner of the shipyard where the ship was built, request the deletion;
3. when the shipbuilding plant has gone down.
The cases of the numbers 1, 2 requires when the shipbuilding plant with a ship mortgage is burdened, the deletion permit of the ship mortgagee and the apparent from the shipbuilding register otherwise legitimate.
the provisions of §§ 66 to 71 73 according to apply are Article 73a on under the construction of floating docks. After the completion of the registered structure is this fact, as well as the place where the floating dock is usually (location), to be entered in the ship register.
section 73B on completed floating docks that are registered not in the shipbuilding register of the place of construction are the provisions of §§ 66 to apply clause 1, sections 18 to 22, according to 68 para 2 as well as the inland navigation rules in § 9, § 14 ABS. 1, 3, § 15, § 16 para 4, § 17 para 4, para 5. In addition, the following applies: 1. is the floating dock to enter in the shipbuilding register of the location site.
2. during the registration are to specify a) the name or the number or other designation of floating docks and the indication that it's a finished floating dock, b) the location, c) the location, d) the owner, e) the legal basis for the acquisition of property.
(The b) to e) designated information is to make credible.
3. the registration of the floating docks has that in number 2 letter a, b, d, designated information and the date of the registration to contain e; be signed by the competent official.
4. changes in paragraph 2 letter a, b designated, registered under number 3 facts has the owner immediately to login to the registration in the register of shipbuilding and credibly to make; in the case of non-fulfilment of this obligation is to apply article 19 accordingly. Paragraph 3 shall apply mutatis mutandis for the registration.
§ 74 the provisions of the third section of this Act apply to the shipbuilding register accordingly.
Sixth section the appeal section 75 (1) decisions of the Court can be challenged with the appeal of the appeal.
(2) with the complaint against a registration can be required only that the Court is instructed to enter an objection according to article 56 or to delete an entry.
Section 76 of the appeal decision the Court of appeal, where the Court has its seat.
Section 77 (1) the complaint may be lodged with the Court or the Court of appeal.
(2) the appeal is filed by filing a notice of appeal or by declaration to the minutes of the clerk of the Court or the Court of appeal. § 14 paragraph 1 to 3 and 5 of the law on the procedure in family matters and in matters of voluntary jurisdiction shall apply for the filing of the appeal by the transmission of an electronic document, electronic court file as well as the legal electronic document.
§ Has 78 the appeal only on suspensive effect, if the appeal against an order, a penalty is set by the.
Article 79 the appeal may be based on new facts and evidence.
Article 80 the Court considers the appeal to be well-founded, so it has to help you.
Article 81 (1) the appellate court may issued an interim order before deciding, give up in particular the Court enter a protective note according to § 28 para 2, or order that the enforcement of the decision to suspend is.
(2) the protection notice is deleted by virtue, if the appeal is withdrawn or rejected.
82. the decision of the appellate court is reasons to provide and notify the complainant.
Section 83 (1) against a decision of the appellate court is granted the appeal, when she left to the appellate court decision.
(2) the appeal is to allow, if 1 fundamental importance has the case, or 2. a decision of the Court of appeal requires the training of law or the assurance of consistent case law.
The Court of appeal is bound to the approval.
(3) on the further procedure see section 77 paragraph 2 sentence 2 of the Act, as well as the sections 71 to 74a of the law on the procedure in family matters and the matters of voluntary jurisdiction mutatis mutandis.
§ 84 (dropped out) § 85 (dropped out) section 86 (dropped out) section 87 (dropped out) section 88 (dropped out) section 89 (1) complaints decides for the appellate courts and the Federal Court a civil division.
(2) the provisions of the code of civil procedure on the exclusion and rejection of Court persons shall apply accordingly.
(3) section 44 of the Act on the procedure in family matters and in matters of voluntary jurisdiction on the continuation of the proceedings for infringement of the right to be heard is to be applied accordingly.
(4) the Federal Government and the State governments determine the time of electronic records can be led and submitted electronic documents in court for their area by a regulation. The Federal Government and the State governments determine the organizational and technical framework for the education, leadership and retention of electronic files and the form appropriate for the processing of the documents for their area by a regulation. The legal regulations of the Federal Government need not the consent of the Federal Council. The State Governments can transfer the appropriations Decree on the land justice administrative authorities. The approval of the electronic record and electronic form may be limited to individual courts or procedure.
The rules on the appeal are article 90 for the instant appeal cases according to the law on the procedure in family matters and in matters of voluntary jurisdiction to apply.
Seventh section transitional and final provisions article 91 the Federal Ministry of Justice is authorised to adopt the detailed rules on the establishment and leadership of the ship register and the shipbuilding register, the procedure in ship register and ship register matters and about the certificates of the ship by decree with the consent of the Federal Council.
§ 92 the land Governments are empowered to determine the procedure after a ship register or ship register, which wholly or partly destroyed or lost, will be restored, and after the destroyed or lost documents, based on which a registration or refers, will be replaced by a regulation. Under the Ordinance can be also determines how registration required for a change in law will be replaced until the restoration of the ship register or ship register. The State Governments can confer Ordinance on the land justice administrative authorities the empowerment.
Article 93, the provisions of the seventh section of the land Regulation shall apply mutatis mutandis. The approval for the establishment of an automated retrieval procedure shall be issued the federal maritime and hydrographic Agency, the See - Berufsgenossenschaft, law enforcement agencies, the courts and others approved by Decree of the Federal Ministry of Justice with the consent of the Federal Council or bodies under the conditions of § 133 paragraph 2 sentence 3 land regulations.
Section 94 (1) is a barge before the entry into force of the Act amending the register of shipping order by July 4, 1980 (BGBl. I p. 833) was registered on January 1, 1981, to be registered in the ship register and the registration according to the articles 3 and 10 would be free of the owner or the requirements for registration under section 3 would be omitted, the registration of the ship at the request of the owner even according to § 20 para 2 and 3 is to delete , if the owner was obliged according to the regulations applicable up to that time to sign up.
(2) information within the meaning of §§ 11 and 12 are supplement, if the owner requested it or no. 1 to 5, 8, § 12 concerning the information pursuant to § 11 para 1 to enter a change number 1 to 5 is.