Stranding
Stranding ( English stranding, beaching ) is a boat accident by the intentional or unintentional contact of a vessel , body or article on rocks , sand bars , beach , bank or shallows .
General
In the case of watercraft, maritime law , commercial law and criminal law apply , bodies are washed ashore when a whale is stranded , for example , objects (such as ocean freight such as shipping containers or flotsam , messages in a bottle ) are stranded by the ocean current . Under insurance law there is a stranding if the ship gets aground and can only be removed by extraordinary measures; The capping of the ship's masts , sea litter or waiting for a high tide are exceptional .
Stranded ships are incapable of maneuvering and mostly largely undamaged, while if they fail they crash.
Legal issues
In shipping , a deliberate or negligent stranding ("setting aground") in a navigated body of water is punishable ( Section 315 (1) StGB ), unless this stranding can cause the ship, its crew , passengers and cargo to be stranded before To be saved from destruction ( justification reason ). In the version valid until August 1935, Section 322 (2) StGB a. F. cites the cause of the stranding of a ship as a “hazard to shipping traffic”.
The handling of stranded ships and objects was based on beach law until June 1990 . Since then the general right to find property has been in effect . According to Section 537 No. 5 of the German Commercial Code (HGB) , stranding in passenger transport is classified as a shipping event . According to Section 538 (1) of the German Commercial Code (HGB), the carrier is liable for the damage if it is at fault ; if the event causing the damage is a shipping incident (including stranding), it is legally presumed to be at fault .
insurance
In maritime insurance law, a stranding is only recognized as present for shipping if the ship is stranded on the bottom under unusual circumstances and either does not become afloat again or only becomes afloat again through extraordinary measures (e.g. littering or unloading the cargo ). It is only considered a major average if it is carried out for the purpose of averting sinking or taking (by enemies or pirates) the ship and cargo.
Web links
Individual evidence
- ↑ Ernst Bruck, materials on the General German Sea Insurance Conditions , 1919, p. 360
- ↑ Jürgen Regge / Werner Schubert (eds.), Criminal Code: Protocols of the Criminal Law Commission of the Reich Ministry of Justice , Volume 2, 1994, p. 512
- ↑ RGZ 93, 150
- ↑ Georg Schaps, Seehandelsrecht , 1978, p. 1144
