Sailor custom

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Seafaring custom , also seafaring practice , is a legal term used in German shipping law . Basically, it is understood to mean certain actions of a good seaman or proper skipper through practice and custom. Derived from this, it generally follows that in nautical practice there should be no lax habits or abuses and that no legal provisions may be broken. It also follows that no customary change in this legal provision can be derived from constant violations of positive legal provisions.

Application in the maritime navigation order and the KVR

The term is including in the Ordinance on the International Regulations of 1972 for Preventing Collisions at Sea (SeeStrOV see. Collision Regulations , the (KVR)) German Traffic Regulations and the Shipping Regulations Ems estuary as provided in the rules for behavior in traffic called . For example, Section 3 (1) of the Ordinance on the International Regulations of 1972 for the Prevention of Collisions at Sea states:

"Every road user has to behave in such a way that the safety and ease of traffic is guaranteed and that no one else is harmed, endangered or more than is unavoidable, hindered or annoyed according to the circumstances. In particular, he has to observe the precautionary measures that require seafaring practice or special circumstances of the case. "

The term is not specified in the regulation itself. § 3 (1) of the SeeStrOV refers to rule 2 (responsibility) of the collision prevention rules, in which it says under letter a):

"These rules do not exempt a vessel, its owner, captain or crew from the consequences that arise from inadequate compliance with these rules or inadequate other precautionary measures that require general nautical practice or special circumstances of the case."

Both regulations call on road users, in addition to the legally fixed regulations in them, to observe unwritten behavior and duties of care that are internationally recognized as “good seamanship ” or “the constant practice of the vehicle drivers and sea pilots in the conviction that it is a nautically correct behavior. [...] This also corresponds to the rulings of the Maritime Offices and the Federal Higher Sea Office. "

Application in the Commercial Code

The Commercial Code certain before the reform of the maritime law in 2013 in § 514 that the cargo of a ship must be stowed by Seemann custom.

literature

  • Kurt Graf, Dietrich Steinicke: Duty of care and seaman's custom . In: Hansa . Vol. 108, No. 19 . Schiffahrts-Verlag "Hansa" C. Schroedter & Co., Hamburg October 1971, p. 1889-1895 .
  • Segelken, Hans: Captain's right . 2nd Edition. Verlag Weltarchiv GmbH, Hamburg 1974, p. 33, 83, 185-187, 640 .

Individual evidence

  1. ↑ Georg Schaps, Hans Jürgen Abraham: Das Deutsche Seerecht , Volume III, 3rd edition, Berlin, 1964, note 13 to rule 29 Maritime Law .
  2. ↑ Ewald Gläser, Rudolf Becker, Eduard Eisenhardt: New sea and inland shipping law and related areas in individual representations , Volume 3, Schmidt-Römhild, Lübeck, 1963, p. 1337
  3. ^ Kurt Graf, Dietrich Steinicke: Duty of care and seaman's custom . In: Hansa . Vol. 108, No. 19 . Schiffahrts-Verlag "Hansa" C. Schroedter & Co., Hamburg October 1971, p. 1889/1890 .
  4. ^ Graf / Steinicke: Maritime Road Regulations with the International Collision Prevention Rules. Commented text edition (10th edition); Cologne etc. (Carl Heymanns Verlag) 1992; ISBN 3-452-22345-0 (p. 25, explanations to § 3 of the SeeSchStrO)

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