General German marine insurance conditions

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The General German Marine Insurance ( ADS , English German General Rules of Marine Insurance ) were developed in 1919 and created general binding rules for the insurance of goods ( Seewarenversicherung ) and ships ( Direct hull ). As general terms and conditions with legal character (as a lex specialis ), they largely replaced the regulations of the Commercial Code (Book Four. Maritime Trade, Section 10. Insurance against the dangers of shipping, §§ 778–905 of the old version of the HGB).

The ADS were revised after the Second World War in 1947 and remained unchanged for decades as the basis for the German marine and hull insurance. According to Section 209 of the Insurance Contract Act (VVG), marine insurance, like reinsurance , is not subject to the provisions of the VVG and has therefore always offered an extensive creative framework for freedom of contract . Over the years, various deviations from the original text of the ADS have emerged in the form of written policy conditions and special broker conditions, which as a rule modified and mostly expanded the insurance cover in favor of the policyholder .

It was not until 1973 that the ADS was revised again. A commission headed by Hans Joachim Enge created the special conditions for goods insurance (ADS-Güterversicherung 1973). The aim was to modernize the ADS in the marine insurance sector - also with a constant eye on the English market with its Institute Cargo Clauses (ICC) by the German transport insurers - and to integrate numerous previously created special conditions of the market in order to ensure market transparency and Improve competitiveness. Another revision in 1984 finally led to the special conditions for goods insurance (ADS-Güterversicherung 1973 / in the version of 1984), which are still largely used in the practice of the German insurance industry as the basis for transport insurance.

It is true that in 2000 the DTV-Güterversicherungsbedingungen 2000 (DTV-Güter 2000) - as a non-binding but very common proposal of the General Association of the German Insurance Industry (GDV) - have now been revised again as DTV-Güterversicherungsbedingungen 2000 in the version 2011 (DTV-Güter 2000/2011) are available (previous version DTV-Güter 2000/2008), as well as numerous new clauses to replace the special conditions for goods insurance (ADS-Güterversicherung 1973 / in the version of 1984), but these have been created cannot yet enforce new conditions across the market. Some German insurance brokers in particular , but also various insurance companies , continue to work with the conditions from 1984. This is also because there is extensive, well-established case law and comments that are recognized throughout the market.

In addition, the DTV - Allgemeine Deutsche Seeschiffsversicherungsbedingungen 2009 (DTV-ADS 2009) (with further detailed regulations) have also been published as marine hull insurance by the GDV .

The ADS also apply in German case law and literature as trade clauses within the meaning of Section 346 of the Commercial Code .

See also

literature

  • Karl-Heinz Thume / Harald de la Motte / Henning C. Ehlers (eds.); Günter Bauer u. a. (Edit.): Transport insurance law. Comment. 2nd Edition. Verlag CH Beck, Munich 2010, ISBN 978-3-406-59721-3
  • Johann Friedrich Voigt (1806–1886):
    • German maritime insurance law. Commentary on Book 5, Title 11 of the General German Commercial Code and on the “General Maritime Insurance Conditions of 1867”. Fischer, Jena 1887 ( digitized version )
    • The new ventures for the purpose of compensating for the differences in average size and sea freight rights applicable in the maritime states (Volume 1), Fischer, Jena 1882 (Voigt was then "Reichs-Oberhandelsgerichts-Rath aD") ( digital copy )
    • “German Maritime Insurance Law.” Published between 1884 and 1887 in four parts.
  • Olaf Hartenstein; Fabian Reuschle (Ed.), Handbook of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2014, Verlag Carl Heymanns, part 3: Insurance law (Chapter 16: Goods insurance; Chapter 17: Transport liability insurance; Chapter 18: Maritime law Liability insurance)
  • Sven Gerhardt, Die Allgemeine Deutsche Seeschiffsversicherungsbedingungen 2009 (DTV-ADS 2009) - an introduction , transpr 02/2011, 67
  • Kai Umbach: The cross-border business in marine and transport insurance from the end of the 19th century to the 1990s: an international branch of industry on the way to “globalized” conditions? Diss., Marburg 2008, full text

Individual evidence

  1. ↑ Sections 778–905 of the Commercial Code (HGB) in the version of the HGB valid until April 24, 2013. The extensive changes to the provisions of §§ 476 ff. HGB by the law on the reform of maritime trade law led u. a. to the fact that the regulations on marine insurance have been completely removed from the HGB.
  2. ↑ Goods insurance. GDV, accessed on May 4, 2019 .
  3. ↑ hull insurance. GDV, accessed on May 4, 2019 .
  4. ↑ evidence at Palandt -Grüneberg: BGB. Commentary , 74th edition, Munich 2015, Verlag CH Beck, § 305 BGB, marginal number 57, and Baumbach / Hopt, HGB. Commentary , 34th edition, Munich 2010, Verlag CH Beck, § 346 HGB, marginal number 15.
  5. ^ Retro-bib - page from Meyers Konversationslexikon: Seevölkerrecht - Seewolf . Retrieved November 11, 2015.