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Law of 22 June 1994, amending the Civil Code, the Code of Civil Procedure, the Commercial Code and the Law of the Nationality of seagoing ships in hull-charting (amendment of conditions of nationality) and registration sea-going vessels
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
So We have considered that it is desirable to have the Civil Code, the Law of Civil Procedure , the Code of Commerce and the Law nationality seagoing vessels in bareboat chartering to amend the conditions governing the nationality and registration of sea-going vessels in connection with the judgment of the Court of Justice of the European Communities of 25 July 1991, C 221/89;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 By way of derogation from Article 195, first paragraph, part b, below 5 °, of Book 8 of the Civil Code As this law is to be replaced after the entry into force of this law, the registration of seagoing vessels which is due to be entered in the register at the time of entry into force of this Act shall be replaced by the following: Article 193 of Book 8 of the Civil Code , because of the loss of the capacity of the Dutch ship, only after receiving a statement to that effect from Our Minister of Transport and Water State. This derogation shall no longer apply from the date on which the ship is rebooted after the date of entry into force of this Act.
2 The declaration referred to in paragraph 1 shall be issued to the vessel owner if the requirements of the vessel concerned are no longer fulfilled Article 311 of the Code of Commerce .
3 With regard to the supervision of compliance with the rules laid down in paragraph 2, officials shall be responsible for: 311b, first paragraph, of the Commercial Code . Article 311 B , third paragraph, of the Commercial Code shall apply mutatis mutandis.
4 The issue of a declaration as referred to in paragraph 1 shall, after the period of appeal or, where an appeal has been lodged, be decided on the appeal without delay to the person concerned to the proceedings. Article 6 of the Kadasterwet Act The depositary of the register and the public records of the office where the ship is to be book.
This Act shall enter into force with effect from the first day of the first calendar month following the date of issue of the State Sheet where it is placed.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 22 June 1994
Beatrix
The Minister of Justice,
A. Kosto
The Minister of Transport and Water,
J. R. H. Maij-Weggen
Published on 14 July 1994The Minister of Justice,
A. Kosto
