Lloyd's Maritime and Commercial Law Quarterly
NEW MARITIME CODE OF THE GERMAN DEMOCRATIC REPUBLIC
Dr. Dolly Richter-Hannes
of the Institute for Foreign and Comparative Law at the Academy for Political and Legal Science of the G.D.R., Potsdam-Babelsberg; and Dr. Ralf Richter, President of the Association of Maritime Law of the G.D.R., Potsdam-Babelsberg.
1. Introductory remarks and scope of application
The Maritime Code of the German Democratic Republic (Seehandelsschiffahrts-gesetz—S.H.S.G.—)1 which has been in force since Feb. 5, 1976, replaces the Fourth Book of the Commercial Code (Handelsgesetzbuch) dating from the end of the 19th century (1896) which had got into a permanent contradiction with regard to the modern development of international maritime trade and the technical and technological changes of its transport conditions, notwithstanding its last revision in 1937.
The maritime law legislation is part of a very complex civil law legislation as a whole. The new Civil Code2 entered into force at the very beginning of 1976, the Code on International Commercial Contracts3 as lex generalis to the Maritime Code entering into force, together with the latter, and a special Act on the Conflict of Laws (Rechtsanwendungsgesetz)4, containing the competent laws of the basic maritime law relationships too, while the Maritime Code provides for three particular provisions on conflict of laws only (towage, s. 101(4); general average, s. 125(4); and salvage, s. 133).
With the intention of assimilating the maritime legislation of the G.D.R. with the international development of law and to improve the conditions for international economic co-operation in the field of merchant shipping, the Maritime Code is based on the following seven International Conventions:—
1. Convention for the unification of certain rules of law with respect to assistance and salvage at sea 1910.
2. Convention for the unification of certain rules of law with respect to collisions between vessels 1910.
3. International Convention for the unification of certain rules relating to bills of lading 1924.
4. Protocol to amend the International Convention for the unification of certain rules of law relating to bills of lading 19685.
5. International Convention relating to the limitation of the liability of owners of sea-going ships 1957.
1 G.B.1. D.D.R. 1/1976, Nr. 7, S. 109.
2 G.B.1. D.D.R., Teil I, 1975, Nr. 27, S. 465.
3 G.B.1. D.D.R., Teil I, 1976, Nr. 5, S. 61.
4 G.B.1. D.D.R., Teil I, 1975, Nr. 46, S. 748.
5 With a reciprocity rule in s. 141 S.H.S.G., see detailed comment below.
197