Dutch
Civil Code
Book 8 Transport law and means of transport
Article 8:1 Definition of ‘ship’ and ‘ship ancillaries’
- 1. In the present Book (Book 8) 'ship' shall
mean: all things, not being aircraft, that according to their construction
are intended for floating, and that do float or have been floating.
- 2. By Order in Council, things which are
no ships may be designated for the purpose of the provisions of Book 8
as ships, and provisions of Book 8 may be declared inapplicable to things
which are ships.
- 3. Propulsion equipment and other machinery
become a component of a ship on the moment that they, after having been
installed, are attached to the ship in the way as intended after completion
of the ship.
- 4. ‘Ship ancillaries’ shall mean:
all things, not being a component of the ship, that are intended to be
used sustainably on the ship and that can be identified as such by their
shape, and all navigation and communication instruments that are attached
to the ship in such a way that they cannot be separated from the ship
without causing meaningful damage to either these instruments or the ship.
- 5. Subject to derogating stipulations (clauses),
ship ancillaries shall form a part of the ship. Derogating stipulations
(clauses) may be registered in the public registers referred to in Section
3.1.2.
- 6. For the purpose of paragraph 3, 4 and
5 of the present Article, a ship shall include a ship in course of construction.
Article 8:2 Definition ‘sea-going ship’
- 1. In the present Book (Book 8) a ‘sea-going
ship’ shall mean: ships registered as ‘sea-going ship’
in the public registers referred to in Section 3.1.2, and ships not registered
in those public registers that, according to their construction, are intended
exclusively or principally for floating on the sea.
- 2. By Order in Council, ships which are no
sea-going ships may be designated for the purpose of the provisions of
Book 8 as sea-going ships, and provisions of Book 8 may be declared inapplicable
to ships which are sea-going ships.
- 3. In the present Book (Book 8) an ‘offshore
fishing ship’ shall mean: sea-going ships that, according to their
construction, are intended exclusively or principally for commercial fishing.
Article 8:3 Definition ‘inland navigation vessel’
- 1. In the present Book (Book 8) an ‘inland
navigation vessel’ shall mean: ships registered as ‘inland
navigation vessel’ in the public registers referred to in Section
3.1.2, and ships not registered in those public registers that, according
to their construction, are neither exclusively nor principally intended
for floating on the sea.
- 2. By Order in Council, ships which are no
inland navigation vessels may be designated for the purpose of the provisions
of Book 8 as inland navigation vessels, and provisions of Book 8 may be
declared inapplicable to ships which are inland navigation vessels.
Article 8:3a Definition of ‘aircraft’
- 1. In the present Book (Book 8) ‘aircraft’
shall mean: devices that may be kept in the atmosphere by virtue of forces
that are exerted thereon by air, except devices that, according to their
construction, are intended to move on an air cushion which is positioned
between the device and the surface of the earth.
- 2. The hull (frame), engines, propellers,
radio equipment and all other objects intended to be used in or on the
device, whether they are placed in or on the device or temporarily separated
from it, are a component of the aircraft*).
- 3. By Order in Council, things which are
no aircraft may be designated for the purpose of the provisions of Book
8 as aircraft, and provisions of Book 8 may be declared inapplicable to
things which are aircraft.
*) See Article XVI of the Geneva Convention of 19 June 1948.
Article 8:3b Definition of ‘railway vehicle’
and ‘railway infrastructure’
In the present Book (Book 8):
a. ‘railway vehicle’ shall mean:
vehicles intended for traffic on railways;
b. ‘railway infrastructure’ shall
mean: railway as defined in Article 1, under (b), of the Railways Act
('Spoorwegenwet') and railway infrastructure belonging thereto
as referred to in Article 1, under (c), of the Railsways Act ('Spoorwegenwet');
c. 'utilizer of the railway infrastructure’
shall mean: the operator referred to in Article 1, under (h) of the Railways
Act (Spoorwegenwet) or, if that provision does not apply, the one who
places the railway infrastructure at the disposal of others.
d. ‘railway enterprise’ shall mean:
any railway enterprise as defined in Article 1, under (f), of the Railways
Act (Spoorwegenwet).
Article 8:4 Definition of ‘inland waterways’
With reservation of Article 8:552, the present Book (Book 8) shall regard
as ‘inland waterways’: the Dollart, the Wadden Sea, the IJsselmeer,
the streams, estuaries (river mouths) and other waters designated for
this purpose by Order in Council , if necessary within boundaries to be
pointed at by Order in Council.
Article 8:5 Definition of ‘persons on board
of a ship’
‘Persons on board of a ship’ are understood in the present
Book (Book 8) as all persons, crew and passengers, who find themselves
on board of a ship.
Article 8:6 Captain and boatmaster are part of the
crew
In the present Book (Book 8) the captain and boatmaster are regarded as
being a member of the crew.
Article 8:7 [repealed on 01-01-1992]
Article 8:8 Definition of ‘luggage’
‘Luggage’ is understood in the present Book (Book 8) as things
which a carrier has accepted to transport in connection with a passenger
transport contract concluded by him, with the exception of things transported
under a contract for the transport of things (contract of carriage).
Article 8:9 [repealed on 01-01-1992]
Article 8:10 Definition of ‘shipowner’
‘shipowner’ is understood in the present Book (Book 8) as
the owner of a seagoing ship.
Article 8:11 [repealed on 01-01-1992]
Article 8:12 Nullity
A breach of a mandatory statutory provision shall in the present Book
(Book 8) lead to nullity of the juridical act, to be applied ex officio
(by the court of its own motion).
Article 8:13 Nuclear damage
The present Book (Book 8) is without prejudice to any international agreement
(convention) or law, in force for the Netherlands, that governs liability
for nuclear damage.
Article 8:14 [repealed on 01-01-1992]
[Articles 8:15 - 8:19 reserved for future legislation]