The Proposal for a Reform of German Maritime Law

Abstract

German maritime law, enacted in the Fifth Book of the German Commercial Code (Handelsgesetzbuch), has been criticized as outdated since its existence. The reason is that many of its provisions are based on the earlier German Commercial Code from 1861 (Allgemeines Deutsches Handelsgesetzbuch) and have never undergone a comprehensive review. Thus, many rules date back to a time before the enactment of the Civil Code, the Bürgerliches Gesetzbuch. Moreover, German maritime law reflects to a large extent—as described so vividly by the famous maritime lawyer Wüstendorfer in his monograph “Neuzeitliches Seehandelsrecht” from 19501—the era when small wooden sailing ships were used, when tramp shipping was the common means of trading and liner shipping—with sizeable motorized vessels and with goods attributable to a considerable number of shippers—was unknown, and when big shipping companies and liner shipping conferences did not exist.