Transfiguration

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In shipping, a declaration or a maritime protest is called an affidavit by the captain of a crashed or damaged ship and his crew about the course of a marine casualty , as well as about the extent of the damage, for example to the cargo being transported .

The declaration must be made abroad in front of the diplomatic mission (at least the consulate ) of the country under whose flag he is sailing, in the next port he calls at. If there is no diplomatic representation of the country in question, he must submit his protest to the port authority.

In Germany, a German can take a maritime protest in accordance with the Commercial Code before the competent local court (Section 522 HGB old version, Section 145 FGG ).

Individual evidence

  1. Note: The declaration procedure is also used in inland navigation.
  2. Note: the law on the reform of maritime trade law, which came into force on April 25, 2013, has abolished the maritime declaration procedure in Germany. Due to the transitional provision of Art. 71 of the Introductory Act to the Commercial Code (EGHGB), the declaration procedure may still apply to old procedures. The Federal Government's draft law dated April 30, 2012, p. 83, stated the following : There is no apparent need to maintain the declaration procedure. The procedure is primarily intended for the preservation of evidence abroad, because in Germany the independent evidence procedure of the Code of Civil Procedure (ZPO) is available. In view of the good global communications and traffic connections, however, a declaration is only rarely used abroad; in case of accident is regularly surveyor commissioned at the contaminated site with the clarification of the events leading in major damage, the parties send short expert representatives to the scene.
  3. Note: Section 522 of the German Commercial Code (HGB) in the version that has been in effect since April 25, 2013 has since contained a completely different provision (namely on objections from the bill of lading ).
  4. The version of § 522 HGB valid until April 24, 2013 read:
    § 522 HGB old version
    (1) The captain is in the event of an accident which occurs during the voyage and which affects the ship or the cargo or otherwise results in a financial disadvantage can, entitled and, upon request, obliged to apply for a declaration to be included. The request can be made by the shipowner and by those persons for whom the accident as owner of a right to the ship, cargo participants, travelers or persons of the ship's crew could result in a considerable financial disadvantage. The captain is entitled and, at the request of a person named in sentence 2, obliged to commence the declaration in the port which the ship first reaches after the accident or after the request and in which it is possible without a disproportionate delay in the voyage, or in In the event of loss of the ship, to apply to the first suitable place.
    (2) The declaration is made within the scope of the Basic Law by the courts, outside of the same by the foreign missions of the Federal Republic of Germany determined by statutory order by the Foreign Office.
  5. The river transport legal Verklarungsverfahren the Bundesregierung- was -entgegen the original bill by the amended Law on maritime law (see the. § 11 not abolished Inland Waterways Act (BinSchG)). However, the procedure is now again subject to the judge's reservation (previously Rechtspfleger) (cf. § 17 No. 2a of the Rechtspflegergesetz (RPflG)).

literature

  • Budde-Koch: The sea road regulations and other maritime regulations in practice . Eckart & Messdorf Verlag, Hamburg, 15th edition 1960, IV-34 ff, SG XI-26
  • Müller-Krauss: ship's command . Springer-Verlag, Berlin, Göttingen, Heidelberg, 7th edition 1962–1970, Volume 2, I. Shipping law / 12th Declaration and Sea Protest (page 134 to page 136)
  • Wilhelm Platzoeder, Heinrich Kuhl: Maritime Laws and Regulations - Text output with passwords and applications . Dingwort Verlag, Hamburg, 1968 - 8th edition, HGB § 522 - § 525 (completely changed as of June 21, 1972)

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