Hague-Visby Rules
As Hague Rules (English short- term: Hague Rules or HR) (English: International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading; German: Conventions of 28 August 1924 Unification of Certain Rules Bills of Lading ) is referred to an international agreement, the uniform liability rules of the carrier's against the shipper for shipments determines on the bill of lading is issued. The Convention had the Comité Maritime International prepared. It was signed in Brussels on 25 August 1924.
The Convention for the first time led to binding liability of Seebeförderers one, but in favor of the carrier's brought a number of restrictions: In particular, the Freight Forwarder for any fault of his servants then not be liable if this relates to the management or operation of the vessel (so-called nautical fault ). The liability of the carrier's was also limited in each case to 100 pounds.
Development of the Hague Rules to the Hague - Visby Rules
In 1968, the Hague Rules Hague - Visby Rules by the (german short term: Hague - Visby Rules or HVR ) (German: Protocol of 23 February 1968 amending the Convention of 25 August 1924 unification of the rules of bills of lading ) supplemented [ it is only by the Visby Rules ( Visby rules) spoken ]. Also this protocol had the Comité Maritime International prepared. The Protocol amending the Hague Rules was signed on 23 February 1968 in Brussels. It was again amended by Protocol of 21 December 1979. Original languages are French and English.
The scope of the Hague - Visby Rules is opened to all bills of lading relating to the carriage of goods between ports in different states if the bill of lading is issued in a Contracting State, the transport of a Contracting starts or the application of the Hague - Visby Rules provided for in the bill of lading (Article 10 IHL ). Often the Hague Rules and / or the Hague - Visby Rules are defined ( in each individual case different version of these Rules) by so-called Paramount clauses in bills of lading and therefore agreed for the individual ocean freight contract.
By HVR limitation of liability amount was redefined, both the calculation method and in terms of the applied monetary scale ( by the Protocol of 21 December 1979, converted to the Special Drawing Rights of the IMF). The limitation of liability was measured not only by the package or unit, but primarily by weight. In maritime law making it a very low limit of liability ( 2 SDR per kilogram of cargo is good or 666.67 SDR per item or unit ) has been set. In addition, a special arrangement for the transport of goods in containers was created. Compared to the Hague Rules but no significant change in the liability regime was made; in particular remained the exemption of Carrier for nautical fault condition.
Further development (Hamburg and Rotterdam Rules )
The so-called Hamburg Rules (german short term: Hamburg Rules or HR) (German: UN Convention of 31 March 1978 on the carriage of goods by sea ) and entered into force in late 1992. Original languages are the six official languages of the United Nations (UN).
Unlike the Hague - Visby Rules, the Hamburg Rules not only renew the Hague Rules and the sea right based on bills of lading, but also provide a new comprehensive framework for the ocean freight law. Among other things, the liability exemption for nautical fault is eliminated. Governed is also the deck loading of containers for the first time. In addition, it should also be applicable to ocean freight contracts for which no bill of lading has been issued.
The Rotterdam Rules (german short term: Rotterdam Rules or RR) (English: United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea ) as a new comprehensive ocean freight Convention, to which the General Assembly of the UN in fall 2008 been agreed, are on the signing Conference in Rotterdam signed by 16 States on 23 October 2009 ( the entry into force, however, the ratification of 20 states are required; Article 94 RR). Meanwhile, the RR have been signed by over 20 States but only two countries (Spain and Togo - at 13 August 2012) been ratified and can not enter into force for a long time therefore. Original languages are the six official languages of the United Nations ( UN) ( penultimate paragraph of the RR).
The Rotterdam Rules should also regulate ocean freight contracts over which no bill of lading was issued. Also Multitmodal contracts that include a sea crossing, should be taken into account.
Legal situation in Germany
In Germany, the Hague Rules have been ratified with effect from January 1 1940. The Hague - Visby Rules were not ratified. Both, however, have content in 1940 and 1986 incorporated in the 5th book of the German Commercial Code, but without the affirmative their direct applicability in German law. If a bill of lading was issued are from a German perspective to apply the Hague Rules, otherwise the ( German ) International Private Law (until 17 December 2009: § § 27 et seq BGB; since 17 December 2009: Rome I Regulation, the EU).
According to the case is at the Hague Rules of 1924 to mandatory rules within the meaning of Article 2, Paragraph 1 of the CMR.
The Hamburg Rules have not been ratified by Germany and therefore are not directly or indirectly for Germany.
The Rotterdam Rules may still be ratified by Germany.
Since you did not want to wait for various reasons the entry into force of the Rotterdam Rules in Germany, has been working in parallel on a separate design for a new German Admiralty. The law on the reform of maritime law came into effect on April 25, 2013 in force ( see maritime law ). Contrary to the suggestions of the Commission of Experts, tort law has not fundamentally changed, so that according to the requirements of § 504 HGB nF continue to be a maximum limit of liability of 2 SDR / kg gross weight or 666.67 SDR per charge unit or piece - whichever amount is higher - valid ( according to the liability provisions of the Hague Rules and the Hague - Visby Rules ). The limit of liability accounted for willful or reckless damage ( § 507 HGB nF ).