Custody
Under custody the liability of the carrier according to §§ 425 ff. Of the Commercial Code (HGB) during the so-called custody period , i.e. H. the period between acceptance and delivery of the freight (or the freight forwarded or stored goods).
The type of liability (fault liability; liability for suspected fault or strict liability) is not yet specified in more detail by the term “custody liability”.
The custody liability also applies to
- the carrier according to Art. 17 CMR ( International Agreement on Contracts of Carriage by Road ), according to Art. 16 ff. CMNI ( Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways ), partly according to Art. 17 MT ( Montreal Convention ), Art. 23 CIM 1999 ( Convention on International Carriage by Rail ),
- the warehouse keeper according to § 475 HGB,
- the freight forwarder in accordance with Section 461 (1) of the German Commercial Code (HGB), provided that the carrier's liability regulations apply to him (in the cases of Sections 458-460 of the German Commercial Code: self-entry, forwarding at fixed costs - often called fixed-cost forwarding -, groupage),
- the carrier according to Section 498 (1) HGB
Individual evidence
- ↑ HGB in the version valid since the law reforming maritime trade law came into force on April 25, 2013. For old cases, the HGB in the version valid until April 24, 2013 continues to apply (see Art. 71 of the Introductory Act to the Commercial Code (EGHGB)). The custody of the carrier was regulated until April 24, 2013 in § 606 sentence 2 HGB old version.
literature
- Thomas Wieske: Transportrecht quickly captured , 3rd edition, Berlin-Heidelberg 2012 (No. 6: The custody of the carrier; No. 2.5: The liability of the moving company; No. 4.5.1: The custody and fault liability in § 461 HGB ; No.8.1: The custody (of the carrier in the CMR))
