Sea litter
Jettison ( English jettison of cargo ) is in the maritime the dumping overboard of cargo from a ship to the ship, the crew , passengers to save and optionally the remainder of the charge.
General
The objects that are thrown overboard during a sea throw are also referred to as sea throw or jetsam ( sea throw ). This is a special form of floating debris , which at its beaching as flotsam is called. In particular, merchandise , packages , shipping containers , ship equipment ( lifeboats ), fuel or accessories of the ship ( anchors ) come into consideration as objects for throwing at sea . The main causes of Seewurfs are leakage , list or stranding, which can bring the ship in distress. On the other hand, it is easier if another ship at sea takes over the cargo from an endangered ship.
history
The Rhodian law of the sea was considered the first and most comprehensive law of the sea, but it was unwritten customary law . The law of sea trade is based on the Rhodian law of the sea ( Latin lex Rhodia ) of Rhodes from the 8th and 9th centuries BC . According to the historian Strabo (about 63 BC - after 23 AD), Rhodes was famous for its legal order and maritime affairs. This is how Demosthenes spoke before 340 BC. Chr. From the fact that a sea loan can be repaid after deducting the sea litter "which the travelers throw out on the basis of a joint resolution". The shipowner was able to distribute the losses due to sea litter among the passengers. A written Rhodian law about the sea throw is believed to be likely today.
The arrangement of the Rhodian law on the distribution of damage in the event of a sea litter ( Latin jactus ) was known to Servius Sulpicius Rufus in Roman law and he suggested that this principle be taken into account in the sea freight contract in the bona fides clause. The first evidence of the Rhodian law of the sea can be found in the digests of the Roman Corpus Iuris Civilis (528 - 534) by Justinian I. The Romans probably adopted it in the 1st century BC. Under Tiberius the Rhodian law of the sea as Lex Rhodia de iactu ( German "Rhodian law about the sea throw" ). The goods thrown overboard remained the property of the seafarer, as he had not given them up. Whoever appropriated the found property was guilty of theft . In the cases of sea litter described by Iulius Paulus , Callistratus and Julianus , it was always a sea distress caused by the forces of nature. In the event of a dispute, the shipper disadvantaged by the sea litter ( Latin locator ) sued the carrier ( Latin conductor ) for claiming the damage owed ( Latin contributio ) from the beneficiary shipper .
The basilicas , which appeared in the 11th century, deal with the sea litter in the 3rd title of the 53rd book, taking up the basic elements of Roman teaching. The maritime statute of Marseilles in 1255 only regulated the case of ship and cargo being thrown by sea and deviated from Roman law in that it calculated the value of the thrown goods not according to the purchase price , but according to the sales price . The sea throw is also mentioned in the oldest maritime law provisions of Hamburg (1292) and Lübeck (1299), here in 1497 one spoke of "throwing". The most well-known and most important fact of the great accident in Venice ( Italian avaria commune ) in the 15th century is the sea litter ( Italian ghetto ), where insurance policies exempt the injured party from the sea litter ( Italian salvo di getto ). The Riga statutes of 1672 also presupposed distress when throwing at sea. In the case of the Jews, compensation for the goods thrown overboard was based on their weight.
The Prussian Law of the Sea of December 1727 dealt with the throwing of goods by sea in Chapter 8, Article 31, and decided to distribute the damage between the shipowner and the owner of the cargo. The General Prussian Land Law (ALR) of June 1794 even determined the order of the objects to be sacrificed (II 8, §§ 1795 ff. ALR). Throwing at sea was only permissible if storm, distress or piracy (“enemy pursuit”) made this necessary. An order to throw at sea led to a major average (§ 1796 ALR). The sea throw had to begin with the goods on deck , then overflow , followed by back and Schanz (§ 1800 ALR).
Art. 350 HGB of the Royal Prussian Provinces provided in 1835 that any loss or damage caused by storms, shipwreck, stranding, ship accident, littering, fire, prizes, looting, etc. a. to be borne by the insurer . The ADHGB of May 1861 regulated in Art. 702 ADHGB “all damage intentionally inflicted on the ship or the cargo, which serve the purpose of rescue from a common danger” (major average). The Commercial Code (HGB), which came into force in January 1900, described in § 706 No. 1 HGB the sea litter, “when goods, ship parts or ship equipment are thrown overboard, masts are cut, ropes or sails are cut away, anchors, anchor ropes or anchor chains are slipped or cut “As a type of major accident.
Legal issues
The prerequisite for the sea litter is that the seagoing vessel must be in distress . The maritime trade law of April 2013, in Section 588 (1) of the German Commercial Code ( HGB), describes the litter if the cargo is deliberately damaged or sacrificed by order of the captain . Sea litter is a case of major average , i.e. the damage must be borne jointly by the shipowner , the freight debtor and the owner of the cargo (Section 588 (1) HGB). The York-Antwerp Rules (YAR) are typically agreed in the sea freight contract , sea waybill or bill of lading for this case . Sea litter of cargo is only reimbursed by the YAR as a major average if the goods have been transported in accordance with commercial practice . According to the new YAR, littering of deck cargo at sea is a major accident if loading on deck at the loading area is common.
insurance
Sea dangers that can be insured today are primarily barattery , confiscation , theft , fire , major average , privateer , mutiny , pinches , shipwreck , sea blockade , piracy , throwing the sea, stranding or water ingress . The sea throw insurance is a transport and liability insurance . Under insurance law, Section 130 (3) VVG only covers damage from “littering” of the major average in inland shipping , which, however, does not apply to the maritime hazards of maritime shipping ( Section 209 VVG). The damage from sea litter in shipping is offset in the average .
Individual evidence
- ↑ RGZ 89, 285
- ↑ Georg Schaps, Seehandelsrecht , 1978, p. 1141
- ↑ Georg Schaps, Seehandelsrecht , 1978, p. 1142 f.
- ↑ Meno Pöhls, presentation of the common German and Hamburg commercial law for lawyers and merchants , Volume 3: Seerecht , 1830, p. 7 ff.
- ^ William Tetley, The General Maritime Law - The Lex Maritima , 1994, p. 109
- ↑ Strabo, 14, 2, 4
- ↑ Demosthenes, 35.10-13
- ↑ Diphilos, Zographos Fr. 32
- ↑ Bernd-Rüdiger Kern / Elmar Wadl / Klaus-Peter Schroede / Christian Katzenmeier (eds.), Humaniora: Medicine - Law - History , 2006, p. 263
- ^ Bernhard Windscheid / Theodor Kipp, Textbook of Pandect Law , Volume 2, 1906, p. 768
- ^ Andreas Maurer, Lex Maritima: Fundamentals of a transnational maritime trade law , 2012, p. 8
- ^ Digest, 14, 2.2, 2.4, 2.6
- ↑ Iole Fargnoli / Stefan Rebenich / Christoph Krampe (eds.), The Legacy of the Romans: Roman Law and Europe, Roman Law on the High Seas, 2012, p. 123
- ↑ Dēmētrēs G. Letsios / Johannes Koder / Aliki Kiantou-Pambouki, Nomos Rhodiōn nautikos: Investigations on the law of the sea and merchant shipping in Byzantium , 1996, p. 224
- ↑ Klaus Wolter, Die Schiffrechte der Hansestädte Lübeck and Hamburg , 1975, p. 120
- ↑ Karin Nehlsen-Von Stryk, Die Venetianische Seeversicherung in the 15th Century , 1986, p. 168
- ↑ Jean Marie Pardessus, Collection de lois maritimes , Volume 3, 1824, pp. 515 ff.
- ↑ Lazarus Goldschmidt , Der Babylonische Talmud , Volume 7, 1981, p. 409
- ↑ General Land Law for the Prussian States , Volume 3, 1794, pp. 611 ff.
- ^ Arthur Curti, England's Private and Commercial Law - Volume Two: Commercial Law , 1927, p. 188
- ^ Jörg Freiherr Frank von Fürstenwerth / Alfons Weiss, VersicherungsAlphabet (VA) , 2001, p. 580
