Charterer

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Charterers ( English shipper ) is a legal concept of maritime law for the Party of the carrier's which are suitable for delivery and transfer of cargo bound.

General

In general freight law, the shipper is called the sender , and both have the same tasks. The shipper can commission a third party, known as the unloader , with delivery and handover . The freight forwarder or the unloader receive either an unloading confirmation or a bill of lading ( Section 513 (1) HGB), both of which represent a certificate of acceptance of the freight. If transport risks arise during the transport , the freight broker can use the documents to prove that the goods have been properly unloaded.

Legal issues

In order to collect the goods, the carrier has to put the ship down at the loading place named in the freight contract or at the loading place to be named by the charterer after conclusion of the freight contract ( Section 528 (1) HGB ). The indication of the port by the carrier is not a legal obligation , but a simple act of cooperation by the obligee of the transport service. The carrier is according to § 481 para. 1 HGB by the general cargo contract obliged the cargo with a merchant ship to transport by sea to its destination, where the recipient submitted. In accordance with Section 481 (2) of the German Commercial Code ( HGB) , the freight forwarder is obliged to pay the agreed freight upon delivery ( Section 493 (1) of the German Commercial Code). In addition to delivery and handover, pursuant to Section 482 (1) of the German Commercial Code (HGB) , the freight forwarder is also obliged to provide the freight forwarder with the information about the goods required for the carriage of the goods before handing over the goods. In particular, the freight broker must provide information in text form about dimensions, number or weight as well as about marks and the type of goods. In the case of dangerous goods , in accordance with Section 483 of the German Commercial Code (HGB) , the freight forwarder must provide the freight forwarder with precise information about the type of risk. According to Section 487 of the German Commercial Code (HGB), the freight forwarder is obliged to provide the freight forwarder with all documents accompanying the goods that are required for official handling, in particular customs clearance , prior to delivery. If the freight forwarder does not fulfill these obligations, he is liable according to § 488 HGB.

Since the carrier has the power to dispose of the freight, he can, in accordance with Section 491 of the German Commercial Code (HGB), demand in particular that the carrier does not forward the goods, transport them to another destination or deliver them to a different discharge point or another recipient. The freight forwarder's right of disposal expires after the goods arrive at the discharge point and passes to the recipient (Section 491 (2) HGB).

literature

  • Literature about freight brokers in the catalog of the German National Library
  • Rolf Herber, Maritime Trade Law. Systematic presentation , 2nd edition, Oldenbourg 2016, Verlag de Gruyter (including the new German sea freight law in force since April 2013)
  • Dieter Rabe / Kay-Uwe Bahnsen, Maritime Trade Law. Commercial Code and ancillary laws as well as international agreements. Commentary , 5th edition, Munich 2017, Verlag CH Beck (including the new German sea freight law that has been in force since April 2013)

Individual evidence

  1. ^ Rolf Herber, Maritime Trade Law: Systematic Presentation , 2016, p. 335