Extinguishing station

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The quenching space (or deletion space ; English unloading berth ) is in the domestic and maritime the place to which the cargo of a cargo vessel discharged is. The complementary term is the loading area .

General

Unloading ships is a process that relates to the unloading of shipments . The unloading area is a “place on the bank where goods can be unloaded from a ship, taken out and brought ashore; sometimes one also understands the destination of the ship by it ”. The discharge point is a specific point in the (discharge) port that the ship has to steer towards on arrival. It is of great importance because it has to be agreed between the seller ( exporter ) and the recipient ( importer ) in the freight contract (ship freight contract ) and the delivery conditions and the recipient can orientate himself on this during delivery . The customary local discharge point is the one to which the cargo is to be delivered based on the freight contract, the bill of lading or the instructions of the shipper . The quay is the usual place for loading and unloading.

history

A shipping lexicon from 1774 already defined the discharge site as the place where the discharge (i.e. unloading) of a ship takes place. The ADHGB of May 1861 dealt in detail with the extinguishing station. Pursuant to Art. 593 Para. 1 ASDHGB, the skipper had to lay the ship down to unload the cargo in the place indicated by the recipient. If the recipient did not give instructions in good time, the skipper had to anchor the ship at the customary place of discharge (Art. 593 (2) ADHGB). According to Art. 595 Para. 3 ADHGB, the skipper had to indicate that he was ready to unload the cargo; the deletion time began with the display. The Reich Higher Commercial Court (ROHG), created in June 1868, commented several times on the location and time of the fire. The skipper is therefore not ready to extinguish if, for example, he is prevented from advancing to the extinguishing site due to storms or overcrowding of the port. It was enough for the skipper to clearly convey the readiness to fire to the recipient. It was only when the ship had taken the place of fire that it began to be ready to fire.

The Commercial Code (HGB), which came into force in January 1900 , largely adopted the regulations of the ADHGB and demanded in Section 592 (1) HGB a. F. That the master had to lay the ship down in the place indicated by the recipient in order to unload the cargo. The notification of the readiness for deletion resulted from § 594 Abs. 1 HGB a. F., the deletion time began the next day (Section 594 (3) HGB old version). The Hamburg Arbitration Court decided in 1959 that the charterer must guarantee that a loading or unloading place is available for the ship.

Legal issues

The word Löschplatz is also a legal term in German commercial law today . The shipper may be in the maritime according to § 491 Abs. 1 HGB in particular require that the shipper , the cargo is not transported further conveyed it to another destination, or it delivers at another place or erasing another receiver. The freight forwarder's right of disposal expires after the freight has arrived at the discharge point (Section 491 (2) HGB). Pursuant to Section 494 (1) of the German Commercial Code (HGB), after the goods have arrived at the discharge point, the recipient is entitled to demand that the carrier deliver the goods to him in return for the obligations under the general cargo contract. After the goods have arrived at the discharge point, the legitimate owner of a bill of lading is also entitled to demand that the carrier deliver the goods ( Section 521 (1) HGB).

According to § 26 BinSchG , the provisions of the HGB apply to the freight business for the transport of goods on inland waterways in inland shipping . Therefore, in accordance with Section 407, Paragraph 1 of the German Commercial Code, the freight forwarder is obliged by the freight contract to transport the goods to the destination and deliver them there to the recipient. The skipper (skipper) has according to § 8 to wear para. 2 BinSchG for the efficiency of the equipment for loading and unloading concern. The skipper is obliged to remain on duty until the end of the voyage and the unloading of the ship ( Section 20 (4) BinSchG); this also applies to the ship's crew ( Section 25 (2) BinSchG).

As "safe" means a harbor ( English safe port ) when both nautical and political can be reached way without danger to the ship. A loading or unloading place is considered suitable ( English safe berth ) if it can be reached without danger or disadvantages for the ship - i.e. not occupied - and if the ship can always lie safely there. In addition, the unloading station must be set up for the transhipment, and the necessary permits from the port authority must be available. An extinguishing site is unsuitable if its use is prohibited due to the depth of the water, the safety of the ship or the local facilities.

Loading space / loading time

In the travel freight contract, in accordance with Section 535 (1) of the German Commercial Code (HGB), Sections 528 to 531 of the German Commercial Code (HGB) on loading port and loading space, notification of readiness for loading, loading time and loading accordingly to the port and place of unloading, notification of readiness for unloading, time of deletion and deletion. The loading / unloading time begins after the ship is ready for loading or unloading at the loading / unloading site, the loading / unloading notification has been sent to the shipper or his or her unloader and the so-called notice time has expired. The notice time is the period between the receipt of the notice that is ready to be deleted and the start of the deletion time.

International

While under German law of the sea the clear willingness of a ship presupposes that it has taken the agreed standard local extinguishing court, applies in common law , however, that a ship arrived ( English arrived ) when it (within the port English within the port ) is located. According to the judgment quoted above, the Oldendorff had to wait 14 nautical miles from the port of Liverpool to be cleared.

The Incoterms relate to the port or destination.

See also

Individual evidence

  1. ^ J. Friedrichson, Schifffahrts-Lexikon , 1879, p. 192
  2. Hans Jürgen Schaps / Georg Abraham (ed.), Das deutsche Seerecht , Volume II: Seehandelsrecht (§ 474–905) , 1962, p. 395, note 9
  3. ^ Wilhelm Gottlieb Korn, Explanations on the Understanding of Shipping and Naval Warfare according to alphabetical order , 1774, p. 214
  4. ^ ROHG, judgment of April 13, 1875, Rep. 187/75; Captain Münster ./. Messerschmidt & Albrecht
  5. ROHG, judgment of June 18, 1878, Rep. 706/78; Schuld & Borchers ./. Syvertsen
  6. Hamburg Arbitration Court, Hansa 1959 , 2085
  7. ^ Günther Malchow, Schiffahrtskaufmann: Repetitorium in Question and Answer , 1980, p. 81
  8. ^ Günther Malchow, Schiffahrtskaufmann: Repetitorium in Question and Answer , 1980, p. 81
  9. Hans Jürgen Schaps / Georg Abraham (ed.), Das deutsche Seerecht , Volume II: Seehandelsrecht [§ 474–905] , 1962, p. 396, note 13
  10. ^ Verlag Technik (ed.), Seewirtschaft , Volume 6, 1974, p. 459
  11. ^ Günther Malchow, Schiffahrtskaufmann: Repetitorium in Question and Answer , 1980, p. 85
  12. Oldendorff (EL) & Co. GmbH vs. Tradax Export SA (The Johanna Oldendorff), 1973, 2 Lloyd's Rep. 285