Inland Waterways Act
| Basic data | |
|---|---|
| Title: | Law on the private law relationships of inland navigation |
| Short title: | Inland Waterways Act |
| Abbreviation: | BinSchG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Transport law , traffic law |
| References : | 4103-1 |
| Original version from: | June 15, 1895 ( RGBl. P. 301) |
| Entry into force on: | January 1, 1896 |
| New announcement from: | May 20, 1898 (RGBl. Pp. 369, 868) |
| Last change by: |
Art. 1 G of 5 July 2016 ( Federal Law Gazette I p. 1578 ) |
| Effective date of the last change: |
Announcement follows (Art. 7 G of July 5, 2016) |
| GESTA : | C093 |
| Please note the note on the applicable legal version. | |
The German Inland Shipping Act ( BinSchG ) of June 15, 1895 is located in the area of transport law or traffic law in the broader sense.
Basics
The law essentially regulates the legal relationships between shipowners (definition in § 1 BinSchG) and their creditors. In addition, the BinSchG determines the causes of liability and their regulation, in particular the special limitations of liability for shipowners, e.g. B. in connection with transport / transport damage during transport by inland waterway vessels within Germany. Insofar as liability issues in connection with the carriage of goods on inland waterway vessels come into question, the liability rules of §§ 407 ff. Of the German Commercial Code (HGB) apply . However, within Germany, the provisions of the BinSchG apply to damage in connection with the transport of people and their luggage.
contents
- First section ship owners
- §§ 1–6
- Second section skipper
- §§ 7-20
- Third section, crew
- §§ 21-25
- Fourth section, freight business
- § 26
- (§§ 27–76 dropped out> §§ 407 ff. HGB)
- Section Five Carriage of Passengers and Their Luggage
- Section 77
- Sixth Section Average
- Sections 78-91
- Seventh Section Collision of Ships. Salvage
- Sections 92-93
- (§§ 94-101 dropped out) ----
- Eighth section ship creditors
- Sections 102-116
- Ninth Section Limitation
- Sections 117, 118
- (Sections 119 to 129)
- Section 10 Final Provisions
- Sections 130, 131
- (§§ 132, 133 partially repealed)
- Annex EV Extract from EinigVtr Annex I, Chapter III, Subject D, Section III (BGBl. II 1990, 889, 960) - Requirements for the joined area (Art. 3 EinigVtr) -
See also
Web links
- Text of the Inland Navigation Act
- Internet presence of the German Society for Transport Law e. V., Hamburg, u. a. with the text of the law
- Institute for Transport and Traffic Law -Department of Inland Shipping Law- of the University of Mannheim with texts and a link to IWT-LAW.eu: Jurisprudence database for Inland Shipping Law
- Federal Waterways and Shipping Administration (WSV)
- Federal Ministry of Transport and Digital Infrastructure (BMVI)
literature
- The development of German inland navigation law in the years 1999-2002 (article by Prof. Otto / Assessor Thyes from the journal “Transportrecht”: transpr 2003, 221); available on the website of the Deutsche Gesellschaft für Transport e. V., Hamburg (PDF; 214 kB)
- Klaus Ramming, Hamburg manual on inland waterway freight law , 1st edition, Munich 2009, Verlag CH Beck, ISBN 978-3-406-58262-2
- Ingo Koller, Transport Law. Commentary , 9th edition, Munich 2016, Verlag CH Beck, ISBN 978-3406701139
- Hartenstein, Olaf / Reuschle, Fabian (eds.), Handbook of the specialist lawyer for transport and forwarding law , 3rd edition, Cologne 2014, Carl Heymanns publishing house, ISBN 978-3452281425
Individual evidence
- ↑ Note: For the transport of goods on inland waterways within Europe, the Budapest Convention on the Contract for the Carriage of Goods in Inland Waterways (CMNI) applies in many cases .
- ↑ From there reference is again made to the relevant provisions of German maritime trade law (Sections 536 ff. Of the German Commercial Code (HGB) in the version that has been in effect since the law on reforming maritime trade law came into force on April 25, 2013). Until April 24, 2013: § 664 HGB old version and annex to § 664 HGB.
