According to Section 476 of the German Commercial Code (HGB), a shipowner is the owner of a ship that is being used for acquisition by seafaring . The shipowner can be a partnership , a legal person or a merchant as defined by the German Commercial Code .
If only a single ship is operated, one speaks of a one-ship company. The majority of the ship funds are organized as one-ship companies, whose holding company acts as the contracted shipping company . In addition, this type of operation is used in the partner shipping company, in which several people jointly operate a ship for purchase by the shipping industry.
Differentiation from the shipping company
The HGB knew until April 24, 2013 as a shipping company only the Partenreederei and Baureederei . The partner shipping company was a company in which several people, called co-owners, always operate a ship that is jointly owned by them for purchase by the seafarer. The partner shipping company was regulated in §§ 489–508 HGB old version, the construction shipping company in § 509 HGB. The old law continues to apply to joint ventures or construction companies that were established by April 24, 2013 (transitional regulation in Art. 71, Paragraph 1 of the Introductory Act to the Commercial Code (EGHGB)).
Differentiation from liner shipping company
As liner shipping company (also liner shipping companies) refers to a company that deals with the liner trades busy. Today, there are liner services in particular in container transport , general cargo transport and for rolling loads . The ships used by the liner shipping company do not have to belong to the company, so a liner shipping company is not necessarily a shipowner. Rather, the ships can also be chartered , i.e. the liner shipping company can be chartered .
Purpose of the shipping company
The shipping company is primarily concerned with equipping, manning, maintaining and deploying its ship or ships. These ship management tasks can also be transferred to another company, the so-called contract shipping company.
According to § 1 BinSchG, the shipowner is the owner of a ship intended for navigation on rivers or other inland waters and used for this purpose.
An independent ship owner who also drives himself is referred to as a particular .
- on German law: (legal situation until April 24, 2013)
- Carl Creifelds : Legal Dictionary. Edited by Klaus Weber. 19th revised edition. CH Beck, Munich 2007, ISBN 978-3-406-55392-9 , keyword: shipowner.
- Rolf Herber: Maritime Trade Law. Systematic presentation. de Gruyter, Berlin a. a. 1999, ISBN 3-11-016311-X .
- Rolf Herber: Sea freight contract and multimodal contract. Current developments. 2nd revised edition. RWS-Verlag Kommunikationforum, Cologne 2000, ISBN 3-8145-9170-4 ( RWS script , 170).
- Heinz Prüssmann: Maritime trade law. Fifth book of the Commercial Code. With subsidiary regulations and international conventions. Edited by Dieter Rabe. 4th revised edition. CH Beck, Munich 2000, ISBN 3-406-45510-7 ( Beck's short comments , 9b).
- Hans-Jürgen Puttfarken: Maritime Trade Law. Verlag Recht und Wirtschaft, Heidelberg 1997, ISBN 3-8005-1171-1 ( series law of international economics , 53).
- on German law: (new legal situation from April 25, 2013)
- Beate Czerwenka: The law to reform maritime trade law. Introduction, explanations, synopsis, materials . Bundesanzeiger-Verlag, 2014, ISBN 978-3-89817-967-6
- HGB fifth book, maritime trade. Federal Ministry of Justice and Juris
- Law on the Reform of Maritime Trade Law of April 20, 2013, Federal Law Gazette I p. 831 (PDF; 322 kB)
- Jan Christian Ohlsen: Ship financing in Germany . GRIN Verlag , 2009, pp. 30/31.
- Term of shipping company; Partner shipping company ( Memento of the original from July 25, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , § 489 HGB, Beck-Online. Retrieved May 30, 2013.
- Construction company ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , § 509 HGB, Beck-Online. Retrieved May 30, 2013.
- With the entry into force of the law on the reform of maritime trade law on April 25, 2013, the private shipping company and construction shipping company were repealed under German law. For justification, see the corresponding draft law of the Federal Government of May 9, 2012 (BT-Drs. 17/10309), p. 82 there.