Ship Register Rules

Unofficial table of contents

SchRegO

Date of completion: 19.12.1940

Full quote:

" Register of ships in the version of the Notice of 26 May 1994 (BGBl. I p. 1133), most recently by Article 9 of the Law of 29 June 2015 (BGBl. 1042).

Status:	New by Bek. v. 26.5.1994 I 1133;
	Last amended by Art. 9 G v. 29.6.2015 I 1042

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1981 + + +) 
(+ + + measures due to EinigVtr cf.  SchRegO Annex EV; 
 the measures are no longer to be applied + + +) 

  

First section
General provisions

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§ 1

(1) The registers of ships shall be kept by the local courts. (2) By way of derogation from the rules laid down in paragraph 1, the State Governments shall, by means of a regulation, determine the local courts in which the registers of ships are to be held, and the Register districts, provided that this is appropriate for the proper and rational execution of the procedures. The State Governments can transfer the authorisation to the Land Justice Administrations by means of a legal regulation. (3) Countries may agree that a country's register of ships will be assigned to the courts of another country. Unofficial table of contents

§ 2

(1) In order to receive an application or request for registration and to assess the date on which the application or the request is received by the register court, the person concerned with the management of the register shall be responsible for the application of the application or request. Ship Representative and the officials of the office appointed by the Head of the Local Court for the Register of Ships or individual departments. If the application or the request relates to a number of ships in different business units of the same register court, each one is competent to take account of the first sentence. (2) The entry into the register of ships shall be the responsibility of the Member State responsible for the management of the Register Representative and the Office of the Office of the Office of the Office. However, a judicial officer authorised by the Head of the Local Court may, instead of the official, sign a judicial officer. The shipping customers as well as the endorsements on the ship's customers (§ 61) must be signed by the officer with the management of the register. (3) The national governments can determine by means of a decree law that the official of the office of the office of the office responsible for

1.

the publication of the entries;

2.

the congecting of access to the register files,

3.

the issuing of copies from the register or the register files,

4.

the authentication of copies,

5.

the issuing of certificates and certificates, with the exception of the ship's certificates, to third persons or bodies in the cases provided for by law,

insofar as this is appropriate for reasons of simplification or acceleration of the course of business or for the discharge of the officer responsible for the management of the register. The State Governments can transfer the authorization to the Land Justice Administrations by means of a decree law. (4) The provision of § 6 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction is shall apply mutatily to the official records of the office. Acts of the Office of the Office of the Office of the Office shall not be ineffective for the reason that they have been carried out by an official who has been incompetent or excluded from the performance of his duties by law. (5) The amendment shall be: a decision of the official of the Office shall be required, if it does not comply with the request, the judge shall decide. The complaint shall not take place until its decision. Unofficial table of contents

§ 3

(1) Maritime registers and inland waterway registers shall be kept separate. (2) The vessels and other vessels (seagoing vessels) designated pursuant to § 1 or § 2 of the Flag Rights Act shall be entered in the maritime register. (3) The inland waterway register shall be registered with vessels (inland waterway vessels) intended for navigation on rivers and other inland waters.
May be entered

1.

Ships intended for the carriage of goods if their maximum carrying capacity is at least 10 tonnes,

2.

Ships not intended for the carriage of goods when their water displacement at the greatest immersion is at least 5 cubic metres, and

3.

Tugs, tankers and drawers.

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§ 4

(1) The ship shall be entered in the ship's register of its home port or its place of origin. (2) The ship shall be operated from a foreign port with a seagoing ship, or it shall be missing a seagoing ship at a home port, such (3) If the owner has neither his residence nor his commercial establishment within the scope of the Basic Law, he is obliged to reside in the district of the register court. To appoint representatives who are responsible for the rights and obligations established pursuant to § § 9 to 22, 62 to the register court. This shall not apply in the cases of Section 2 (1) (1) of the Flag Rights Act. Unofficial table of contents

§ 5

If a seagoing vessel is entered in the inland waterway register or an inland waterway vessel, the registration of the ship shall not be ineffective for this reason. Unofficial table of contents

§ 6

(1) If a ship is registered in the Maritime Register, the owner cannot rely on it to be an inland waterway vessel. (2) If a ship is registered in the inland waterway register, the owner cannot rely on the fact that the vessel is a vessel. Seeschiff. Unofficial table of contents

§ 7

Each vessel shall be given a special place in the register of registers (register sheet). The register sheet shall be considered to be the ship's register for the vessel. Unofficial table of contents

§ 8

(1) The ship's register shall be public; the register shall be allowed to be included in the register. Upon request, a copy of the registration shall be issued; the copy shall be certified on request. (2) The inspection of the register files shall be permitted only if a legitimate interest is credibly made; the second sentence of paragraph 1 shall apply mutatically. The same applies to the inspection of documents referred to in the Register of Ships to supplement an entry, and to applications for registration which have not yet been completed.

Second section
The registration of the ship

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§ 9

A ship, which can be entered in the register of ships pursuant to § 3 para. 2, 3, shall be registered if the owner registers it in order to register it (§ § 11 to 15). In the case of inland waterway vessels, the application is sufficient for one of several co-owners. Unofficial table of contents

§ 10

(1) In order to register a seagoing ship, the owner is obliged if the ship has to carry the flag under Section 1 of the Flag Rights Act. This shall not apply to seagoing ships, whose hull length, measured between the outermost points of the front and the back of the vessel, does not exceed 15 metres. The Federal Ministry of Transport, Building and Urban Development may grant exemptions from the notification requirement in general or on a case-by-case basis by means of an administrative arrangement. (2) The owner is obliged to register an inland waterway vessel.

1.

if the ship is intended for the carriage of goods and its maximum carrying capacity is at least 20 tonnes,

2.

if the ship is not intended for the carriage of goods and its water displacement at the greatest immersion is at least 10 cubic metres, or

3.

if the ship is a tugboat, a tanker or a dragboat.

(3) Ships in the ownership and public service of the federal government, a country belonging to the federal government, or a public corporation or institution with its registered office in the scope of the Basic Law do not need to be registered for registration. Unofficial table of contents

§ 11

(1) In the case of a seagoing ship, the following shall be stated:

1.

the name of the vessel;

2.

the genus and the main building material;

3.

the home port;

4.

the place of construction, the shipyard on which the ship has been built and the year of the launching of the batch, unless it is to be determined only with particular difficulty;

5.

the ship identification number (IMO number) issued in accordance with resolution A.600 (15) of 19 November 1987 of the International Maritime Organization (IMO), provided that it is obtained from the measurement letter or an appropriate document (§ 13); the results of the official surveying and the machine performance;

6.

the owner, a shipowner and the size of the ship's division, the shareholders in an open trading company, a limited partnership or a limited partnership on shares, the personally liable partners;

7.

the legal basis for the acquisition of ownership;

8.

the facts justifying the right to conduct the flag of the Federal Republic;

9.

in the case of a shipping company of the correspondent shipowners;

10.

in the case of Section 4 (3) of the Representative.

(2) If the ship is not yet officially measured at home, it shall be sufficient to indicate the results of a survey carried out abroad for paragraph 1 (5). Unofficial table of contents

§ 12

When registering an inland waterway vessel, the following shall be stated:

1.

the name, number or other characteristic of the ship;

2.

the genus and the main building material;

3.

the place of origin;

4.

the place of construction, the shipyard on which the ship has been built and the year of the launching of the batch, unless it is to be determined only with particular difficulty;

5.

in the case of ships intended for the carriage of goods, the maximum carrying capacity and, in the case of other ships, the displacement of water in the event of the greatest immersion, and also, in the case of ships of their own driving force, the power of the machinery;

6.

the owner, with several owners the size of the individual shares;

7.

the legal basis for the acquisition of the property.

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§ 13

(1) The information referred to in § 11 (1) No. 3, 4, 6, 7, para. 2, § 12 nos. 3, 4, 6, 7 as well as the engine power shall be made credible. The certificate (section 11 (1) (5)), the verification certificate or another official document (§ 12 no. 5), which is intended to certify the greatest carrying capacity or the water displacement with the greatest immersion, must be submitted; the ship is in the § 11 (2), § 11 (2), § 12 no.5, the presentation of the instrument of surveying or of the certificate of the foreign authority or of any other person suitable for the purposes of the credibility of the information is sufficient. Certificate. (2) During the registration of a seagoing ship, the right to lead the flag of the Federal Republic of Germany is justified. to prove facts. Unofficial table of contents

§ 14

(1) A ship shall not be entered in the register of ships as long as it is registered in a foreign ship register. At the request of the register court, it must be made credible that such a registration does not exist. (2) If a ship which has to be registered for registration pursuant to § 10 para. 1, 2 is entered in a foreign ship register, the (3) If the vessel has been registered in a foreign register of ships, a certificate issued by the foreign register authority shall be issued for the deletion of the registration of the vessel. Ship; submission may not be required if it is untunable. Unofficial table of contents

§ 15

If the ship is wholly or partly constructed inland, a certificate from the register court of the place of construction must be submitted at the time of registration as to whether the ship is registered in the shipbuilder's register; if necessary, a certified copy of the certificate shall be issued by the Add a register sheet. The certificate shall indicate that it is placed in the register of ships for the purpose of registration of the vessel. Unofficial table of contents

§ 16

(1) The registration of the ship (§ 9) shall contain the information referred to in § 11 (1) No. 1 to 7, 9, para. 2, § 12, the name of the measurement letter, the certificate or any other document admissible pursuant to § 13 (1) and the date of the registration; it must be signed by the competent officials. (2) In the case of the registration of a seagoing vessel, a distinguishing signal assigned to the vessel by the register court shall also be entered, and the determination of the determination of the (3) If the vessel is to be used for the operation of the flag, the ship shall be entitled to the In the case of a ship ' s register of ships, the ship ' s pharmacies registered in the ship ' s register shall be transferred to the ship ' s register ex officia; the registration of the ship shall be communicated to the shipbuilder ' s register. (4) Before registration in the case of a vessel belonging to the register court, contrary to the registration of the applicant as owner, on the ground that he is the owner of the ship, the register court may, in the case of the registration of the ship in favour of the other, include a Enter into opposition to the correctness of the ownership registration. Unofficial table of contents

§ 17

(1) Changes in the facts referred to in § 11 (1) No. 1 to 3, 5, 8, 9, paragraph 2, § 12 No. 1 to 3, 5, of facts registered in accordance with § 16 (1), (2) shall be notified immediately for entry in the register of ships. (2) According to § 7 of the If the flag of flag law authorises the ship to fly a different flag instead of the flag of the Federal Republic of Germany, it must be registered for registration that and for how long the right to lead the flag of the Federal Republic of Germany may not be exercised. If the authorisation is withdrawn, it must be declared in the register of ships that the right to lead the flag of the Federal Republic may be exercised again. (3) For the registration, § 16 (1), (2) applies. (4) A ship is under and it is final. If a seagoing ship loses the right to lead the flag of the Federal Republic of Germany, this shall be immediately notified to the Register of Ships. (5) The notified facts must be credibly made. Section 13 (1) sentence 2 shall apply mutatily. Unofficial table of contents

§ 18

(1) In order to register in accordance with § 17, the owner of a shipping company is also obliged to the correspondent shipowner. (2) If several meals are available, the application shall be sufficient for one of them; the same shall apply if the owner has a a legal person or a commercial company represented by a number of persons. Unofficial table of contents

§ 19

(1) Any person who does not comply with an obligation pursuant to § § 10, 13 to 15, 17, 18 shall be held by the Register Court by the setting of penalty payment. The individual penalty payment may not exceed the amount of one thousand Deutsche Mark. (2) For the proceedings, § § 388 to 391 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall apply mutaficily. Unofficial table of contents

§ 20

(1) The registration of the ship in the Register of Ships shall be deleted when one of the facts referred to in Article 17 (4) is notified. If it is declared that the ship has become incapable of repair, the register court shall notify the registered ship's pharmacist of the intended deletion and, at the same time, shall have a reasonable time limit for the purpose of enforcement. of a contradiction. The time limit shall not be less than 3 months. Section 21 (2), (3) and (4) sentence 1 shall apply mutatily. (2) The registration of an inland waterway vessel shall also be deleted if it has received its home location abroad. The registration of a ship, whose registration is free to the owner, is also deleted if the owner requests the deletion; if several co-owners are present, it requires the consent of all co-owners. (3) Has a seagoing ship the right in order to guide the flag, its registration may only be deleted if the ship's mortgage creditors and, if a ship's mortgage is subject to the law of a third party in accordance with the contents of the ship's register, also the Consent to be deleted; § 37 shall apply mutatily for the authorization. The same shall apply in the cases referred to in paragraph 2. (4) In the case of the third sentence of paragraph 3, if the provisions referred to in paragraph 3 do not exist, the first sentence shall be entered immediately in the register of ships, that the ship shall have the right to lead the In the case of paragraph 2, first sentence, the vessel has lost its place of origin abroad. The registration shall be effective in so far as the registered shipping pharmacies are not eligible, such as a cancellation of the registration of the ship. (5) For the deletion of a sea ship registered on 1 July 1990 in the Register of Ships, for which the owner proves that: that the hull length, measured between the outermost points of the front and the back of the body, does not exceed 15 metres, it is immaterial whether the gross tonnage exceeds 50 cubic metres. Unofficial table of contents

Section 21

(1) If the ship has been registered, even though the registration was inadmissible due to a lack of an essential condition, or can a registration required in § 17 (4) or the application of the fact referred to in § 20 (2) sentence 1 be registered by The entry of the ship shall be deleted by the Office of the Office for the purpose of deleting the provisions of the procedure referred to in § 19. The Register Court shall notify the registered owner and the other beneficiaries of the intended deletion from the Register of Ships and, at the same time, have a reasonable period of time to assert an objection shall be determined. The time limit may not be less than three months. (2) If the designated persons or their stay are not known, the notification and the time of the deadline shall be at least once in a suitable daily newspaper and in a shipping specialist sheet to be classified. The notice may not be published if it is untunable, in which case the copy of the notification and the determination of the time limit shall be attached to the court. The period shall begin with the expiry of the day on which the last sheet containing the notice has appeared, in the case of attachment to the court panel, with the expiry of the day on which the application has been made. (3) If an objection is raised, it shall be decided on him the register court. The inconsistency of the appeal can be appealed with the immediate appeal. (4) The registration of the ship may only be deleted if there is no objection or if the available evidence of the objection is legally binding. has become. If a ship's mortgage creditor contradicts the deletion of the registration of a seagoing ship which has lost the right to lead the Federal flag, on the grounds that the ship's mortgage is still present, the ship's register shall only be (a) that the ship has lost the right to lead the flag of the Federal Republic; is contrary to the deletion of the registration of an inland waterway vessel which has its place of origin abroad, on the basis of that justification, the Ship register only to register that the ship has its home place abroad. Section 20 (4), second sentence, shall apply accordingly. Unofficial table of contents

Section 22

If no registration has been carried out in the Register of Ships for 30 years, and after consultation with the competent shipping authority, in the case of seagoing vessels, it is also possible to assume that the ship no longer exists or is no longer available to the ship. for the purpose of navigation, the register court shall, in the absence of a ship ' s mortgage or a usufruct on the ship, delete the registration of the ship from its own motion without the need for the proceedings pursuant to section 21.

Third Section
Registration of legal relationships

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Section 23

(1) In the register of ships, registration shall only be made on request, unless otherwise specified. The date on which the application is submitted to the Register Court shall be clearly stated on the application. The application shall be received by the register court if it is submitted to an official responsible for receiving the goods. If he is made a copy of such an official, he shall be received with the conclusion of the minutes. (2) Any person whose law is to be affected by the registration or in whose favour the registration is to be effected shall be entitled to apply. Unofficial table of contents

§ 24

The rectification of the register of ships by the registration of a person entitled shall also be entitled to apply for registration in the register of ships on the basis of a title which is enforceable against the person concerned, provided that the admissibility of such a right of title is Registration depends on the fact that the register of ships is corrected beforehand. Unofficial table of contents

Section 25

If the declaration required for registration is certified or certified by a notary, the notary shall be deemed to be authorized to apply for registration on behalf of an eligible person. Unofficial table of contents

Section 26

(1) A request for registration of which a reservation is made subject to a reservation shall not be granted. (2) If several entries are requested, the applicant may be determined that the one registration does not apply without the other shall be given. Unofficial table of contents

§ 27

Where a request is made for a number of entries which affect the same right, the subsequent application for registration may not be made before the earlier application has been made. Unofficial table of contents

§ 28

(1) If an obstacle is impeded, the Register Court shall give the applicant a reasonable period of time to remedy the obstacle or reject the application, indicating the reasons for the application. In the first case, the application shall be rejected after the expiry of the period if the obstacle is not remedied by the time limit and this has been proved by the register court. (2) If another registration is requested before the application is completed, the request shall be made by the same person. In the case of the earlier application, a notice of protection shall be entered for the benefit of the earlier application; the registration of the protection notice shall be deemed to be the execution of this request within the meaning of § 27. The notice shall be deleted from its own motion if the earlier application is withdrawn or rejected. Unofficial table of contents

§ 29

An entry shall be made where the latter is granted the right of which the person concerned shall be affected. Unofficial table of contents

§ 30

In the case of the transfer of ownership of an inland waterway vessel, the registration may only take place if the agreement of the transferor and the acquirer is declared. Unofficial table of contents

Section 31

(1) In order to rectify the register of ships, the authorization pursuant to § 29 shall not be required if the incorrectness is proved. This applies in particular to the registration or deletion of a restriction of disposal. (2) A new owner may only be registered with his consent by means of the rectification of the ship's register on the basis of an authorization pursuant to § 29, provided that: is not in the case of § 24. Unofficial table of contents

Section 32

If a seagoing ship is requested to register a new owner or the acquirer of a ship, it must be proved that the ship is still entitled to take the flag of the Federal flag. Unofficial table of contents

§ 33

If there are doubts as to the correctness of the registration of the owner in the Register of Ships, the Register Court shall, on its own account, make the necessary investigations. If the investigations reveal that the ship's register is incorrect, the register court shall hold the parties concerned to submit the request for correction of the register of ships and to procure the documents required for rectification; § 19 shall apply mutatily. Unofficial table of contents

Section 34

If the transfer or the burden of a claim for which a lien is made at a ship's mortgage is to be registered, it shall be sufficient if, in place of the application for registration, the declaration of assignment or the declaration of debit of the previous Creditors shall be presented. Unofficial table of contents

§ 35

A ship's mortgage may only be deleted with the consent of the owner by way of correction. This shall not apply if it is proved that the ship's mortgage has not come into existence. Unofficial table of contents

§ 36

Amounts of money to be entered in the registration and registration applications shall be entered in the currency in force within the scope of the Basic Law, unless the registration in another currency is permitted by law. Unofficial table of contents

Section 37

(1) An entry shall be made only if the registration or other declarations required for the registration are provided by public or publicly certified documents. Whereas other conditions of registration require, in so far as they do not appear in the register court, the proof by means of authentic instruments; the proof in that form cannot, or only with disproportionate difficulties, be brought about; the register court may, if it is not in doubt, have sufficient proof of the fact that the Court of First Instance has been unable to doubt the fact. (2) (3) Declarations and requests by an authority, on the basis of which an entry has been made. shall be signed and marked with seal or stamp. Unofficial table of contents

§ 38

In the case of the application for registration and for the power of atonement for the position of such a person, § 37 shall apply only if the application at the same time is to replace a declaration required for the registration. Unofficial table of contents

§ 39

Statements by which an application for entry is withdrawn or an authorisation granted for the position of the application for registration is revoked, shall be subject to the form prescribed in § 37 (1) sentence 1. Unofficial table of contents

§ 40

Proof that there is a separation of goods or a contractual right of goods between spouses or life partners, or that an item is part of the goods subject to the reservation of a spouse or partner, can be obtained by a certificate from the Court of First Instance on the Registration of the goods law ratio in the register of goods law. Unofficial table of contents

Section 41

(1) The proof of succession can only be carried out by an inheritance certificate or a European Certificate of Succession. However, if the succession is based on a disposition of death which is contained in a public document, it shall be sufficient if, in place of the certificate of inheritance or the European Certificate of Succession, the order and the minutes relating to the opening of the succession shall be made available to: (2) The existence of the continued existence of a certificate of succession or of a European Certificate of Succession may be required. (2) The existence of the continued existence of the succession shall be subject to the following: Community of goods and the power of a executor of the executor to be available on: the subject-matter may only be proved by the certificates provided for in § § 1507, 2368 of the Civil Code or by a European Certificate of Succession; however, proof of the authority of the executor of the executor shall be the subject of the the provisions of the second sentence of paragraph 1 shall apply mutatily. Unofficial table of contents

§ 42

(1) If one of several heirs is to be registered as an owner or a new creditor in the case of a ship or a ship's mortgage belonging to a remission, it shall be sufficient to prove the succession and to register the transfer of law (2) The certificate may only be issued if the conditions for the issuing of a certificate of inheritance are fulfilled and the declarations of the heirs before the court of repatriation have been issued. A copy of the Judge shall be delivered or certified by public or public (3) The provisions of paragraphs 1 and 2 shall apply mutatily if, in the case of a ship or a ship's mortgage belonging to the total good of a marital or a continued community of goods, one of the parties to the contract shall be deemed to be: The owner or creditor shall be registered. Unofficial table of contents

Section 43

If a ship is to be entered in a ship for the purpose of fulfilling an obligation to order the use of the land, it shall be sufficient to demonstrate the existence of the obligation on the part of the ship to be made available; and the transcript of the opening of the disposal, even if the order is not included in a public document. Unofficial table of contents

Section 44

If a fact can be proved by the Certificate of the Local Court leading the Register of Ships on the contents of other registers or files or by documents which have been or are being held by the Court of First Instance, it shall be sufficient to: instead of the presentation of the certificate or of the document, the reference to the register or files. § 32 of the Land Registry Code applies to the evidence of legal circumstances arising from entries in the Register of Trade, Cooperatives, Partnerships or Associations. Unofficial table of contents

§ 45

In cases where, according to the law, an authority is empowered to request the registration of a registration court for registration, the registration shall take place on the basis of the authority's request; § 23 para. 1 sentence 2, 3 shall apply mutatily. Unofficial table of contents

Section 46

An entry shall be made only if the person whose right is affected by it is registered as the person entitled to do so; this shall not apply if the person concerned is heir to the registered person. Unofficial table of contents

§ 47

(1) In the case of a ship's mortgage which is entered for the claim from a debtor to the holder or from a change or other paper transferable by Indossament, registration shall be effected only if the document is issued is presented. The registration shall be recorded on the document. (2) This shall not apply if an entry is registered on the basis of the authorization of a representative appointed pursuant to Section 74 of the Law on the Rights of Ships and Shipyards, or on the basis of a representative shall be brought about. Unofficial table of contents

§ 48

Each entry shall indicate the date on which it has been made. It shall be signed by the competent officials. Unofficial table of contents

§ 49

(1) Where there are several entries in a division of the register of ships between which there is an order of precedence, they shall be given the order corresponding to the time sequence of receipt of the requests; whereas the applications have been received at the same time; (2) If a number of entries, which are not simultaneously applied for and between which there is a rank, are to be registered in different departments, indicating the same. The following shall be noted in the Register of Ships, that the later requested (3) Paragraphs 1, 2 do not apply insofar as the ranking is different from the applicants. Unofficial table of contents

§ 50

(1) A right, a notice, an objection or a disposal restriction shall be erased by the registration of a cancellation notice. (2) If a registered right is not transferred in the case of the transfer of a ship to another sheet, the following shall apply: it is deleted. Unofficial table of contents

Section 51

Where a right is registered for a number of Community institutions, the registration shall indicate either the shares of the beneficiaries in fractions or the legal relationship applicable to the Community shall be designated. Unofficial table of contents

Section 52

(1) Where a number of vessels are charged with a ship ' s mortgage or with a consumption of low-consumption, each vessel shall be subject to the co-loading of the rest of the ships on the basis of its own motion. The same shall apply if another ship is subsequently charged with such a right existing on a ship. (2) The deletion of a co-load shall be remarked by its own motion. Unofficial table of contents

Section 53

In the case of the registration of a mortgage in respect of part-debt securities which may be transferred to the holder or transferred by an indossment, it shall be sufficient for the total amount of the claims to be made, specifying the number, amount and the amount of the accounts receiving; Identification of the individual partial debt securities is entered. Unofficial table of contents

§ 54

In the case of the registration of a heir, the right of the heir and, in so far as the pre-heir is exempt from the restrictions on his right to dispose of it, shall also be entitled to the exemption from its own motion. Unofficial table of contents

§ 55

Where a executor is appointed, this shall be included in the registration of the heir of his or her own motion, unless the subject-matter of the succession shall not be subject to the administration of the executor. Unofficial table of contents

§ 56

If it appears that the register court has, in breach of the law, made an entry which has become incorrect in respect of the register of ships, a contradiction shall be entered in the court of its own motion. If an entry in accordance with its content proves to be inadmissible, it shall be deleted from its own motion. Unofficial table of contents

Section 57

(1) Each registration shall be made known to the applicant and the registered owner, as well as to all persons apparent from the register of registers for which the registration has been effected or whose law is affected by them, which shall: Registration of an owner also to those for whom a ship's mortgage or a right to such a mortgage is registered in the ship's register. The contract notice may be waived. (2) Each entry in the first and second sections of the Maritime Register and the Inland Waterway Register shall be the Federal Maritime and Hydrographic Office for the performance of the tasks referred to in the To make known the Maritime Task Act, the Flag Rights Act and the Inland Waterway Task Act as well as the locally competent occupational safety authority for the performance of their duties under the Seemannsgesetz. Unofficial table of contents

Section 58

§ § 23 to 57 apply mutas to the registration of legal relationships in a ship-saving. Unofficial table of contents

§ 59

(1) The register court shall keep documents on which a registration is based or refers. Such a document may only be issued if, instead of the document, a certified copy remains in the register court. (2) If one of the documents referred to in paragraph 1 is in other files of the District Court leading the ship's register , instead of a certified copy of the document, it is sufficient to refer to the other files if they are not subject to destruction. (3) A certificate is established on the legal transaction on which an application is based, the person concerned may have the certificate or a certified copy of the document Register court for storage handed over.

Fourth Section
The ship's customers

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§ 60

(1) The Register Court shall issue a certificate on the registration of the ship in which the full content of the entries shall be included. In the case of seagoing vessels, the certificate shall be given the name of the ship's certificate and, in the case of inland waterway vessels, the name of the ship's letter. (2) The ship's certificate must also bear witness to the fact that the information contained in it is made credible and that the ship is entitled to (3) The owner of a seagoing ship must, upon request, be issued a certified extract from the ship's certificate, in which only the facts referred to in Article 11 (1) (1) to (5), the The distinguishing signal and the certificate referred to in paragraph 2 shall be included. Unofficial table of contents

Section 61

Any entry in the register of ships shall be recorded as soon as possible on the ship's certificate or on the ship's letter. This does not apply to entries which affect the burden on a ship-saving. Unofficial table of contents

Section 62

(1) In the cases of § § 17, 20 (2) sentence 1 as well as in the transfer of the ownership of the ship or the acquisition of a ship saving, the persons mentioned in § 18 are obligated, the ship's certificate or the ship's letter to the register court . The same shall apply in the cases of § 17 of the extract from the ship's certificate. The skipper is also obliged to submit it as soon as the ship is located in the home port (hometown) or in the port, where the register court is located. § 19 applies accordingly. (2) In other cases, the Register Court may hold the holder of the ship's certificate under Section 35 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction for submission. (3) In the cases of § 20 (1), (2), (4) shall be made unusable by the ship's certificate or the ship's letter. Unofficial table of contents

§ 63

(1) A new ship's certificate or a new ship's letter may only be issued if the previous document is submitted or credited, that it has been destroyed or lost. The same shall apply if the register court has issued an extract from the ship's certificate, from that certificate. (2) If a seagoing ship is located abroad, the register court, at the request of the skipper, shall have the new certificate against the return of the previous Allow the certificate to be handed out by the intermediary of a German authority. Unofficial table of contents

Section 64

(dropped)

Fifth Section
Register of shipbuilders (ship building registers)

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Section 65

(1) § § 1, 2, 7 shall apply mutaly to the Register of Shipyards (Ship Construction Register). Section 2 (3) also applies to the design of the inspection in the ship-building register. (2) The inspection of the ship-building register is only permitted insofar as a legitimate interest is presented. Under the same condition, a copy may be required; the transcript shall be to be certified on request. In addition, § 8 (2) shall apply mutatily. Unofficial table of contents

Section 66

A ship's structure is entered in the ship's register only if at the same time a ship's mortgage is entered on the ship's structure or if the forced auction of the ship's construction is requested. Unofficial table of contents

Section 67

(1) The ship's structure shall be entered in the register of the construction site. (2) The register court shall remain responsible for the management of the register, even if the ship's structure is brought to another place outside the register district; it has the Register court of the new construction site to indicate the registration of the ship's structure. Unofficial table of contents

Section 68

(1) The ship's structure shall be entered in the shipbuilder's register if the owner of the shipyard on which the ship is built reports it in order to register it. If the owner of the shipyard is not the owner of the ship's structure, the owner may also register it for registration. (2) The ship's structure may also be registered for registration by the shipyard, who has an enforceable title on the ship's premises. require registration in the ship's construction register or the forced auction of the ship's construction works. Unofficial table of contents

Section 69

(1) In the notification of the ship's structure, the following shall be stated:

1.

the name or number or other name and nature of the ship under construction;

2.

the construction site and the shipyard on which the ship is built;

3.

the owner.

(2) Where a person other than the owner of the shipyard is referred to as the owner, a publicly certified statement by the owner of the shipyard shall be submitted at the time of the application, setting out the manner in which the owner of the shipyard shall be the owner (3) The proof that the conditions of § 76 (2) of the Law on the Rights of Registered Ships and Shipyards are fulfilled shall be determined by a certificate issued by the competent ship surveying authority or by the Oak Authority. Unofficial table of contents

Section 70

The registration of the ship's building has to contain the information referred to in § 69 (1), the name of the documents referred to in § 69 (2), (3) and the date of registration. It shall be signed by the competent officials. Unofficial table of contents

Section 71

The owner of the shipyard on which the ship is built and the owner of the shipyard shall immediately notify the register court of any change in the facts registered and the completion of the ship. The notified changes are to be made credible. § 19 shall apply mutatily. Unofficial table of contents

Section 72

After registration of the completion of the ship, a ship's mortgage can no longer be registered in the ship's register. The same shall apply if the certificate is issued in accordance with § 15. Unofficial table of contents

Section 73

The registration of the ship's structure shall be deleted,

1.

the owner of the shipyard announcises that the ship has been delivered abroad;

2.

if the owner of the shipyard and the owner of the shipyard on which the ship is built apply for the deletion;

3.

when the ship's building has gone down.

In the cases referred to in points 1, 2, if the ship's structure is loaded with a ship's mortgage, the certificate of cancellation of the ship's mortgage creditor and the person who is otherwise entitled to it from the ship's register shall be required. Unofficial table of contents

Section 73a

The provisions of § § 66 to 71, 73 shall be applied accordingly on floating docks under construction. After the completion of the registered building, this fact and the location where the swimming dock is usually located (location) must be entered in the ship's register. Unofficial table of contents

Section 73b

The provisions of § § 66, 68 (2) as well as the provisions applicable to inland waterway vessels in § 9, § 14 para. 1, 3, § 15, § 16 para. 4, § 17 para. 4, para. 5 are based on completed floating docks which are not registered in the ship's register of construction sites. Sentence 1, § § 18 to 22 shall apply accordingly. In addition, the following shall apply:

1.

The floating dock is to be entered in the ship's register of the location.

2.

The notification shall indicate:

a)

the name or number or other name of the floating dock and the indication that it is a completed floating dock;

b)

the location,

c)

the construction site,

d)

the owner,

e)

the legal basis for the acquisition of the property.

The information referred to in (b) to (e) shall be credibly indicated.

3.

The registration of the swimming docks shall contain the particulars referred to in point 2 (a), (b), (d), (e) and the date of registration, and shall be signed by the competent officials.

4.

Changes in the facts referred to in point 2 (a), (b), registered in accordance with point 3, shall be notified immediately and credibly to the owner for entry in the ship's register of construction; in the event of non-compliance with this obligation, § 19 shall apply accordingly. In the case of registration, point 3 shall apply mutatily.

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Section 74

The provisions of the third section of this Act shall apply mutatily to the shipbuilder's register.

Sixth Section
The complaint

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§ 75

(1) Decisions of the register court may be challenged with the appeal of the appeal. (2) The appeal against an entry can only be requested that the register court be instructed to enter a contradiction in accordance with Section 56 or to delete an entry. Unofficial table of contents

Section 76

The Oberlandesgericht (Oberlandesgericht) decides on the appeal, in whose district the register court has its seat. Unofficial table of contents

Section 77

(1) The appeal may be filed with the Register Court or the Appeal Court. (2) The appeal shall be lodged by filing a notice of appeal or by declaration on the minutes of the Registry of the Register Court or the Office of the Registry of the Court of Appeal. Appeal court. Article 14 (1) to (3) and (5) of the Act on the Procedure in Family Matters and in Family Matters shall apply to the lodging of the complaint by the transmission of an electronic document, the electronic court file and the judicial electronic document. the affairs of the voluntary jurisdiction. Unofficial table of contents

Section 78

The lodging of the appeal shall have suspensive effect only if the complaint is directed against an order for which a penalty payment is fixed. Unofficial table of contents

§ 79

The complaint may be based on new facts and evidence. Unofficial table of contents

§ 80

If the Registry Court considers the complaint to be well-founded, it shall remedy it. Unofficial table of contents

§ 81

(1) The appeal court may, before the decision, issue an injunction, in particular to give up the register court, to enter a protection note pursuant to Article 28 (2), or order that the enforcement of the contested decision shall be (2) The notice of protection shall be deleted from its own motion if the appeal is withdrawn or rejected. Unofficial table of contents

Section 82

The decision of the appeal court must be reasoned and communicated to the complainant. Unofficial table of contents

Section 83

(1) The appeal is subject to a decision of the Appeal Court if it has allowed the Appeal Court in the decision. (2) The appeal is to be allowed if:

1.

the case is of fundamental importance, or

2.

(i) the continuing training of the law or the safeguarding of a uniform case-law requires a decision of the court of appeal.

The appeal court is bound by the admission. (3) The second sentence of the second sentence of Article 77 (2) of this Act as well as the sections 71 to 74a of the Act on the Procedure in Family Matters and in the Matters of Voluntary Proceedings are to be found in the proceedings of the Court of Justice. Jurisdiction in accordance with the applicable law. Unofficial table of contents

Section 84

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§ 85

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§ 86

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Section 87

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Section 88

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§ 89

(2) The provisions of the Code of Civil Procedure relating to the exclusion and rejection of court persons are to be applied accordingly. (3) § 44 of the Law on the procedure in family matters and in the matters of voluntary jurisdiction over the continuation of the proceedings in the event of a violation of the right to be heard, shall be applied accordingly. (4) The Federal Government and the National governments determine their area by means of a legal regulation. The date from which electronic files can be sent and electronic documents submitted to the Court of First Instance. The Federal Government and the State Governments determine the organisational and technical framework conditions for the education, management and storage of the electronic files and those for the processing of the Documents suitable. The legal regulations of the Federal Government do not require the approval of the Federal Council. The national governments can transfer the appropriations by means of a legal regulation to the Land Justice Administrations. The authorisation of the electronic file and the electronic form may be restricted to individual courts or proceedings. Unofficial table of contents

§ 90

For cases of immediate appeal, the rules on the appeal are to be applied in accordance with the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction.

Seventh Section
Transitional and final provisions

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Section 91

The Federal Ministry of Justice is authorized, with the consent of the Federal Council, to adopt the more detailed rules on the establishment and management of the ship's register and the ship-building register, the procedure in the register of ships and the ship's register. Ship-building registers and ship-surfers to be issued. Unofficial table of contents

§ 92

The State Governments shall be empowered to determine, by means of a regulation, the procedure under which a register of ships or registers of ships which have been destroyed or lost in whole or in part shall be restored, and shall be destroyed in accordance with the procedure laid down in Article 1 (2) of the Regulation. or shall be replaced by documents which have been received or which have been received by the registration. The Regulation may also determine the way in which the registration required for a change in the law is replaced, pending the restoration of the ship's register or the ship's register. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

Section 93

The provisions of the seventh section of the basic book shall apply mutatily. The approval for the establishment of an automated retrieval procedure may be granted to the Federal Maritime and Hydrographic Office, the Maritime Trade Association, law enforcement agencies, the courts and others by means of the legal regulation of the Federal Ministry of Justice with the consent of the Federal Council approved persons or bodies under the conditions of § 133 (2) sentence 3 of the Basic Book Order. Unofficial table of contents

Section 94

(1) Is a barge prior to the entry into force of the law amending the ship's register order of 4 July 1980 (BGBl. 833) on 1 January 1981 for registration in the Register of Ships, and if the registration in accordance with § § 3 and 10 would be free of the owner or if the conditions for the registration pursuant to § 3 were not fulfilled, the registration of the Ship, at the request of the owner, also to be deleted in accordance with § 20 (2) and (3), if the owner was obliged to register in accordance with the regulations in force up to that date. (2) Information within the meaning of § § 11 and 12 shall be reproduced if the Owner it requests or regarding the information according to § 11 para. 1 no. 1 to 5, 8, § 12 No. 1 to 5 a change is to be entered.