Book 8 Dutch Civil Code
Transport law and means of transport

I  GENERAL PROVISIONS

• Title 8.1 General provisions
  (Articles 1 - 19)
  • Article 8:1 Definition of ‘ship’ and ‘ship ancillaries’
  • Article 8:2 Definition ‘sea-going ship’
  • Article 8:3 Definition ‘inland navigation vessel’
  • Article 8:3a Definition of ‘aircraft’
  • Article 8:3b Definition of ‘railway vehicle’ and ‘railway infrastructure’
  • Article 8:4 Definition of ‘inland waters’
  • Article 8:5 Definition of ‘persons on board of a ship’
  • Article 8:6 Captain and boatmaster are part of the crew
  • Article 8:7 [repealed]
  • Article 8:8 Definition of ‘luggage’
  • Article 8:9 [repealed]
  • Article 8:10 Definition of ‘shipowner’
  • Article 8:11 [repealed]
  • Article 8:12 Nullity
  • Article 8:13 Nuclear damage
  • Article 8:14 [repealed]
  • Articles 8:15 - 8:19 [reserved]
• Title 8.2 General provisions relating to transport
  (Articles 20 - 159)
  • Section 8.2.1 Contract of carriage of goods (20 - 39)
    • Article 8:20 Definition of a ‘contract of carriage’
    • Article 8:21 Principle obligation of the carrier
    • Article 8:22 Delay
    • Article 8:23 Force majeure
    • Article 8:24 Obligation of the consignor
    • Article 8:25 Termination right of the consignor
    • Article 8:26 Information duty of the consignor
    • Article 8:27 Liability for not providing the necessary documents
    • Article 8:28 Grounds for termination of the contract
    • Article 8:29 Freightage
    • Article 8:30 Carrier’s right of retention
    • Article 8:31 Liability on another legal ground than the contract
    • Article 8:32 Application of Section 8.2.1 limited to not elsewhere specified contracts of carriage
    • Articles 8:33 - 8:39 [reserved]
  • Section 8.2.2 Contract of combined carriage of goods (40 - 59)
    • Article 8:40 Definition of a ‘contract of combined carriage of goods’
    • Article 8:41 Law applicable to a contract of combined carriage
    • Article 8:42 Liability of the combined carrier
    • Article 8:43 Maximum indemnity
    • Article 8:44 CT-document
    • Article 8:45 Negotiable original prints of the CT-document
    • Article 8:46 CT-document as bill of lading, consignment note or airwaybill meets also the requirements set for this purpose
    • Article 8:47 Contract of combined carriage precedes IC-document
    • Article 8:48 Evidential (probative) value of the CT-document
    • Article 8:49 CT-document to order
    • Article 8:50 Delivery of a CT-document
    • Article 8:51 Authentication of the holder of the CT-document
    • Article 8:52 Holders of different original prints of the CT-document
    • Articles 8:53 - 8:59 [reserved]
  • Section 8.2.3 Freight forwarding contract (60 - 79)
    • Article 8:60 Definition of a ‘freight forwarding contract’
    • Article 8:61 Forwarder concludes the contract of carriage with himself
    • Article 8:62 Information duty of the forwarder
    • Article 8:63 Obligations of the forwarder
    • Article 8:64 Obligations of the principal
    • Article 8:65 Right of termination of the principal
    • Article 8:66 Information duty of the principal
    • Article 8:67 Liability for not providing the necessary documents
    • Article 8:68 Grounds for termination of the contract
    • Article 8:69 Forwarder’s right of retention
    • Article 8:70 Limitation of liability towards the principal where the principal’s debt-claim is not based on the contract
    • Article 8:71 Limitation of liability towards third persons
    • Article 8:72 Limitation of liability of subordinates hired to perform the work
    • Article 8:73 General limitation of liability
    • Articles 8:74 - 8:79 [reserved]
  • Section 8.2.4 Passenger transport contract (80 - 99)
    • Article 8:80 Definition 'passenger transport contract' and relation to public transport contract
    • Article 8:81 Liability of transport operator in case of death or physical injury
    • Article 8:82 Force majeure
    • Article 8:83 Passenger’s own fault
    • Article 8:84 Mandatory law
    • Article 8:85 Obligation to pay damages and limitation of liability by law
    • Article 8:86 Counterparty of the transport operator vouches for the timely presence of the passenger
    • Article 8:87 Counterparty of the transport operator vouches for the presence of the required documents
    • Article 8:88 Termination right of the transport operator in case of unknown circumstances
    • Article 8:89 Termination right of the counterparty in case of unknown circumstances
    • Article 8:90 Termination right of the counterparty under the obligation to pay damages
    • Article 8:91 Liability on another legal ground than the contract
    • Article 8:92 Application of Section 8.2.4 limited to not elsewhere specified passenger transport contracts
    • Articles 8:93 – 8:99 [reserved]
  • Section 8.2.5 Inland public transport contract (100 - 119)
    • Article 8:100 Definition of an inland public transport contract
    • Article 8:101 Combined and mixed public transport
    • Article 8:102 Period of transport of persons
    • Article 8:103 Period of transport of hand luggage
    • Article 8:104 [repealed]
    • Article 8:105 Liability in case of death or physical injury
    • Article 8:106 Liability for hand luggage
    • Article 8:107 Liability for unknown things on board of the vehicle
    • Article 8:108 Delay damages
    • Article 8:109 Passenger’s own fault
    • Article 8:110 Limitation of liability by law
    • Article 8:111 Intent or conscious recklessness
    • Article 8:112 Mandatory law
    • Article 8:113 Obligation to pay damages
    • Article 8:114 Liability of passengers
    • Article 8:115 Additional regulation by Order in Council
    • Article 8:116 Non-contractual liability
    • Article 8:116a Liability of the operator of the railway infrastructure and of other railway enterprises
    • Articles 8:117 - 8:119 [reserved]
  • Section 8.2.6 Contract of combined transport of persons (120 - 159)
    • Article 8:120 Definition of a ‘contract of combined transport of persons’
    • Article 8:121 Law applicable to a contract of combined transport of persons
    • Articles 8:122 - 8:159 [reserved]

II  MARITIME LAW

• Title 8.3 Seagoing ships and things on board thereof
  (Articles 160 - 239)
  • Section 8.3.1 Shipowners Society regarding a seagoing ship (160 - 188)
    • Article 8:160 Shipowners Society
    • Article 8:161 Membership of a Shipowners Society
    • Article 8:162 Reasonableness and fairness
    • Article 8:163 Administrator
    • Article 8:164 Powers of the administrator
    • Article 8:165 Administrator’s accountability
    • Article 8:166 Rendering account; distribution of payments
    • Article 8:167 Recording and closing of the rendered accounts
    • Article 8:168 Approval of the accounts rendered; binding effect
    • Article 8:169 Ending of the position of the administrator
    • Article 8:170 Forced take over (buy up) of the share of the administrator
    • Article 8:171 Decision making within the Shipowners Society
    • Article 8:172 Offshore fishing ship
    • Article 8:173 Order of the court to sell the ship
    • Article 8:174 Protection of the minority in case of important resolutions
    • Article 8:175 [repealed]
    • Article 8:176 Internal contribution duty
    • Article 8:177 Sharing of profits and losses
    • Article 8:178 Representation of the Shipowners Society
    • Article 8:179 Protection of third persons in regard of the appointment and dismissal of the administrator
    • Article 8:180 Power of representation in the event of absence or inability of the administrator
    • Article 8:181 Liability of the members
    • Article 8:182 Continued existence of the Shipowners Society in case of death or bankruptcy of one of its members
    • Article 8:183 No termination of membership
    • Article 8:184 Dissolution and sale of the ship
    • Article 8:185 Liquidation (winding-up)
    • Article 8:186 Mandatory law
    • [Articles 8:187 - 8:189 reserved for future legislation]
  • Section 8.3.2 Rights in seagoing ships (190 - 209)
    • Article 8:190 Definition of ‘seagoing ship’
    • Article 8:191 Definition of ‘public registers’
    • Article 8:192 Persons and entities subject to the obligations imposed by the present Section
    • Article 8:193 [repealed]
    • Article 8:194 Registration of titles and interests in seagoing ships
    • Article 8:195 Deletion from the public register
    • Article 8:196 Registration in a foreign register
    • Article 8:197 Real property rights in registered seagoing ships
    • Article 8:198 [repealed]
    • Article 8:199 Registered property
    • Article 8:200 [repealed]
    • Article 8:201 Acquisitive prescription
    • Article 8:202 Mortgage on a specified seagoing ship
    • Article 8:203 Things covered by a mortgage
    • Article 8:204 Ranking order of the mortgage
    • Article 8:205 Mortgage to secure a debt-claim on interest
    • Article 8:206 Mortgage on a share in a registered seagoing ship
    • Article 8:207 Applicability and inapplicability of certain statutory provisions on chartering
    • Article 8:208 Usufruct on a registered seagoing ship
    • [Article 8:209 reserved for future legislation]
  • Section 8.3.3 Privileges on seagoing ships (210 - 219)
    • Article 8:210 Recovery by foreclosure (sale in execution)
    • Article 8:210a Right of retention
    • Article 8:211 Privileged debt-claims rank above debt-claims secured by mortgage
    • Article 8:212 Interest and costs
    • Article 8:213 Mutual ranking order of privileged debt-claims
    • Article 8:214 Extend of the privileges of Article 8:211
    • Article 8:215 Real effect
    • Article 8:216 Privileges of Article 8:211 when the ship is in operation of another person than its owner
    • Article 8:217 Privileged debt-claims related to the commercial operation of the ship; privileged maritime debt-claims
    • Article 8:218 Privileges in connection with the preservation of the ship or construction
    • Article 8:219 End of privileges
  • Section 8.3.4 Privileges on things on board of seagoing ships (220 - 229)
    • Article 8:220 Applicability of the present Section
    • Article 8:221 Costs of foreclosure
    • Article 8:222 Privileges for salvage, general average and cargo
    • Article 8:223 Interest and costs
    • Article 8:224 Mutual ranking order of privileges
    • Article 8:225 Extend of the privileges
    • Article 8:226 Recovery of debt-claims from the sale proceeds of things that do not belong to the debtor
    • Article 8:227 End of a privilege on cargo
    • Article 8:228 Right of reclamation
    • [Article 8:229 reserved for future legislation]
  • Section 8.3.5 Final provisions (230 - 259)
    • Article 8:230 Seagoing ships belonging to the government
    • Article 8:231 Delegation
• Title 8.4 Crew of a seagoing ship
  (Articles 260 - 359)
  • Section 8.4.1 [Articles 8:232 - 8:259 reserved for future legislation]
  • Section 8.4.2 Captain (260 - 262)
    • Article 8:260 Authority (power) of the captain
    • Article 8:261 Duty to look after certain interests
    • Article 8:262 Limitations of the authority (power of attorney) of the captain
  • [Articles 8:263 - 8:359 reserved for future legislation]
• Title 8.5 (Commercial) Operation
  (Articles 360 - 539)
  • Section 8.5.1 General provisions (360 - 366)
    • Article 8:360 Liability of the shipowner
    • Article 8:361 'Operating contracts' and 'chain of operating contracts'
    • Article 8:362 Liability towards counterparty on a non-contractual legal ground
    • Article 8:363 Liability towards another party on a non-contractual legal ground
    • Article 8:364 Liability towards third persons on a non-contractual legal ground
    • Article 8:365 Liability of subordinates
    • Article 8:366 Limitation of the total of the amounts of liability
  • Section 8.5.2 Contract of carriage of goods by sea ( 370 - 499)
    • Article 8:370 Definition of a ‘contract of carriage of goods’
    • Article 8:371 Direct applicability of the Hague-Visby Rules
    • Article 8:372 Titles 8.7 and 8.10 remain applicable in full
    • Article 8:373 Definition of a ‘time or voyage charter’
    • Article 8:374 (Non) application of legal provisions for lease, safe custody and loan for use
    • Article 8:375 Transfer of ownership of a chartered ship
    • Article 8:376 [repealed]
    • Article 8:377 Definition of a ‘contract of carriage under a bill of lading’
    • Article 8:378 Main obligations of the carrier
    • Article 8:379 Delay
    • Article 8:380 Instructions to the captain (master) in case of a time charter
    • Article 8:381 Duty of the carrier to exercise due diligence
    • Article 8:382 Mandatory law in case of carriage under a bill of lading
    • Article 8:383 Statutory exemption of liability
    • Article 8:384 Surrender of exemptions and increase of liabilities
    • Article 8:385 Contractual disclaimer in case of extraordinary goods and circumstances
    • Article 8:386 Contractual freedom prior to the loading and after the unloading
    • Article 8:387 Rights of the consignor (shipper) in case of a non-performance of the carrier
    • Article 8:388 Limitation of liability
    • Article 8:389 Decrease in value of the goods transported
    • Article 8:390 Right of termination when the ship is not available
    • Article 8:391 Obligation of the consignor (shipper) to present the goods in time
    • Article 8:392 Right of termination of the consignor (shipper) and carrier
    • Article 8:393 Partial loading in case of voyage chartering
    • Article 8:394 Information duty of the consignor (shipper)
    • Article 8:395 Provision of required documents and information
    • Article 8:396 Right of termination in case of unforeseen circumstances
    • Article 8:397 Liability consignor (shipper) for defect in material or cargo
    • Article 8:398 Transport of dangerous cargo
    • Article 8:399 Issuance of a bill of lading / “shipped” bill of lading
    • Articles 8:400 – 8:409 [reserved]
    • Article 8:410 Contract of carriage overrides a bill of lading
    • Article 8:411 Consignor (shipper) vouches for correctness of the provided information
    • Article 8:412 Formalities regarding a bill of lading / bill of lading to order or bearer
    • Article 8:413 Number of original prints of the bill of lading
    • Article 8:414 Evidential value of a bill of lading
    • Article 8:415 Reference in a bill of lading to contractual terms and conditions elsewhere
    • Article 8:416 Way to deliver a bill of laden
    • Article 8:417 Delivery of a bill of lading before the goods are delivered
    • Article 8:418 Pointing out the place of loading and unloading by the carrier
    • Article8:419 Duty of the voyage charterer to point out the place of loading and unloading
    • Article 8:420 Right of the voyage charterer to point out the place of loading and unloading
    • Article 8:421 Obligation to load and stow the goods on board
    • Article 8:422 Loading time, demurrage time and demurrage charges
    • Article 8:423 Transport of dangerous cargo under a bill of lading
    • Article 8:424 End of the contract of carriage when the ship is wrecked or damaged too seriously
    • Article 8:425 Termination of the chartering contract when the ship is damaged too seriously
    • Article 8:426 End of the chartering contract when the ship is wrecked Articles
    • 8:427 – 8:439 [reserved]
    • Article 8:440 Claim to deliver the goods before these have reached the place of destination
    • Article 8:441 Legal relationship between the carrier and the holder of the bill of lading
    • Article 8:442 More carriers under one and the same bill of lading
    • Articles 8:443 – 8:459 [reserved]
    • Article 8:460 Rank order of holders
    • Article 8:461 Definition of a ‘carrier under a bill of lading’
    • Article 8:462 Unauthorised signing of a bill of lading
    • Articles 8:463 – 8:479 [reserved]
    • Article 8:480 Lessor’s right of recourse
    • Article 8:481 Discharging the carrier and the handing in of the bill of lading to him
    • Article 8:482 Documents to be equated with a bill of lading
    • Article 8:483 Unloading by the carrier
    • Article 8:484 Freightage
    • Article 8:485 Goods transported in violation with a legal prohibition
    • Article 8:486 Freightage under a time charter when the ship is not available
    • Article 8:487 Costs of operation under a time charter
    • Article 8:488 Costs made en route (benevolently)
    • Article 8:489 Right to refuse the delivery of the goods / right of retention
    • Article 8:490 Right of the carrier to deposit the goods in safe custody of a third party
    • Article 8:491 Sale of goods that are deposited in safe custody
    • Article 8:492 Written notification of loss of or damage / legal presumption regarding the condition of the goods
    • Article 8:493 Cooperation in inspection of goods and tallying of package
    • Article 8:494 Judicial inquiry into the condition of the goods at the delivery
    • Article 8:495 Judicial inquiry into the cause of the loss or damage
    • Article 8:496 Costs of a judicial inquiry
    • Article 8:497 - 8:499 [reserved]
  • Section 8.5.3 Contract for the transport of passengers (500 - 529k)
    • Article 8:500 Definitions for the present Section
    • Article 8:500a Relation between the present Section and the Convention and Resolution
    • Article 8:500b Debt-claims regarding nuclear incidents
    • Article 8:501 Period of transport
    • Article 8:502 Time or voyage charter
    • Article 8:503 Non-application of the provisions for lease, safe custody and loan for use
    • Article 8:504 Liability of the carrier in case of death or physical injury
    • Article 504a Performing carrier
    • Article 504b Limits of liability applied to the total sum of damages
    • Article 8:504c Damage caused intentionally or recklessly
    • Article 8:505d Liability (performing) carrier: mandatory law
    • Article 8:504e Defences of an employee, representative or mandatory
    • Article 8:507f No prejudice to Titles 8.7 and 8.20
    • Article 8:505 [repealed]
    • Article 8:506 [repealed]
    • Article 8:507 No liability of the carrier for gold, silver and other valuable objects
    • Article 8:508 [repealed]
    • Article 8:509 Liability of the passenger
    • Article 8:510 Provisions applicable to the transport of luggage
    • Article 8:511 Period in which the passenger must complain about loss of or damage to luggage
    • Article 8:512 Right of the carrier to examine the passenger’s luggage
    • Article 8:513 Passenger’s own fault
    • Article 8:514 Services rendered upon the request of the passenger by others than the carrier or his subordinates
    • Article 8:515 Delay damages
    • Article 8:516 [repealed]
    • Article 8:517 [repealed]
    • Article 8:518 [repealed]
    • Article 8:519 [repealed]
    • Article 8:520 Mandatory law
    • Article 8:521 Valuation of the debt-claim for damages
    • Article 8:522 Counterparty of the carrier guarantees the timely presence of the passenger
    • Article 8:523 Counterparty of the carrier guarantees the timely presence of required documents
    • Article 8:524 Termination right of the carrier in case of unknown circumstances
    • Article 8:525 Termination right of the carrier’s counterparty in case of unknown circumstances
    • Article 8:526 End of the passenger transport contract when the passenger does not return in time
    • Article 8:527 General termination right of the carrier’s counterparty and damages
    • Article 8:528 Formalities for a passage ticket and baggage receipt
    • Article 8:529 Compulsory insurance or other financial security
    • Article 5:529a Requirements for a contract for the provision of financial security
    • Article 8:529b Legal claim directly against the insurer or other provider of financial security
    • Article 8:529c Issuance of a certificate or certification by the Minister
    • Article 8:529d Use of the paid out insurance or other sums
    • Article 8:529e Denial of a request by the Minister
    • Article 8:529f Obligation to inform the Minister of changes regarding the provision of financial security
    • Article 8:529g Withdrawal of an issued certificate
    • Article 8:529h Surrender of an withdrawn certificate
    • Article 8:529i Registration of a decision of the Minister
    • Article 8:529j Delegation
    • Article 8:529k Exclusive jurisdiction of the Rotterdam District Court
  • Section 8.5.4 Some specific contracts (530 - 539)
    • Article 8:530 Bareboat chartering
    • Article 8:531 Applicability of statutory provisions when ship is placed at someone’s disposal for use at sea for other purposes than transporting goods or persons
    • Article 8:532 Placing a ship at someone’s disposal for use at sea or on inland waterways
    • Articles 8:533 – 8:539 [reserved]
• Title 8.6 Accidents
  (Articles 540 - 769)
  • Section 8.6.1 Collision (540 - 549)
    • Article 8:540 Definition of a ‘collision’
    • Article 8:541 Liability for damage under Section 8.6.1 without there having been a collision
    • Article 8:542 Application of Section 6.8.1
    • Article 8:543 Force majeure (Act of God)
    • Article 8:544 Fault of one single ship
    • Article 8:545 Two or more ships are at fault jointly
    • Article 8:546 No legal presumption of fault
    • Article 8:547 Liability for faults of a pilot
    • Articles 8:548 – 8:549 [reserved]
  • Section 8.6.2 Assistance (Salvage) (550 - 609)
    • Article 8:550 International Agreement on the Rescue of Astronauts
    • Article 8:551 Definitions
    • Article 8:552 Inland waterways that are considered to belong to the sea
    • Article 8:553 Section 8.6.2 does not apply to salvage to offshore drilling units or maritime cultural heritage
    • Article 8:554 Warships and other non-commercial vessels
    • Article 8:555 Applicability of Section 8.6.2 regarding salvage to other things than ships and property on board thereof
    • Article 8:556 Annulment or modification of already concluded contracts for salvage
    • Article 8:557 No rendering of salvage assistance allowed when the proprietor forbids so
    • Article 8:558 Right to lead the rendering of salvage assistance
    • Article 8:559 Captain (master) may always retake the lead during the salvage operations
    • Article 8:560 Obligations of the salvor and of the shipowner/captain (master)
    • Article 8:561 Salvage reward
    • Article 8:562 Liability of a party to a contract for salvage on a non-contractual ground
    • Article 8:563 Criteria for fixing the salvage reward
    • Article 8:564 Special compensation for costs to prevent or minimize damage to the envorinment
    • Article 8:565 Salvage of persons
    • Article 8:566 Persons entitled to a salvage reward
    • Article 8:567 Waiver of a right to a salvage reward (mandatory law)
    • Article 8:568 No salvage reward in case of a prohibition to render salvage assistance/ salvage reward for cooperating passengers/ own fault or neglect of salvor
    • Article 8:569 Right to claim the assessment of the salvage reward or special compensation
    • Article 8:570 Apportionment between salvors
    • Article 8:571 Salvor’s right of retention
    • Article 8:572 Duty to provide security (collateral) to the salvor
    • Article 8:573 Advance payment on the salvage reward or special compensation
    • Article 8:574 Right of the salvor to store the ship and/or property (with a safekeeper)
    • Article 8:575 Sale of stored or deposited ship and/or property
    • Article 8:576 Transfer of ownership of the salved ship and/or property
    • Article 8:577 Legal provisions regarding a benevolent intervention in someone else’s affairs do not apply
    • Articles 8:578 - 8:609 [reserved]
  • Section 8.6.3 General Average (610 – 619)
    • Article 8:610 Definition of a ‘general average act’
    • Article 8:611 Causality
    • Article 8:612 Contributions in general average
    • Article 8:613 Applicability of the York-Antwerp Rules
    • Articles 8:614 - 8:619 [reserved]
  • Section 8.6.4 Hazardous substances on board of a seagoing ship (620 – 638)
    • Article 8:620 Definitions
    • Article 8:621 Sphere of application
    • Article 8:622 Stack transportation / towing service
    • Article 8:623 Liability of the shipowner
    • Article 8:624 Damage caused during loading or unloading
    • Article 8:625 Liability of the consignor (consignor) or another person
    • Article 8:626 Damages caused by inseparable events
    • Article 8:627 Damage caused by hazardous substances on board of more than one ship
    • Articles 8:628 - 8:638 [reserved]
  • Section 8.6.5 Liability for Bunker Oil Pollution Damage (639 – 749)
    • Subsection 8.6.5.1 General provisions and scope (639 – 640)
    • Article 8:639 Definitions
    • Article 8:640 Scope and exclusions
    • Subsection 8.6.5.2 Liability of the shipowner (641 – 644)
    • Article 8:641 Liability of the shipowner
    • Article 8:642 Incidents involving two or more ships
    • Article 8:643 Limitation of liability
    • Article 8:644 Debt-claims to be brought directly against the insurer or party providing financial security
    • Subsection 8.6.5.3 Compulsory insurance (645 – 653)
    • Article 8:645 Compulsory insurance or other financial security
    • Article 8:646 Requirements for a liability insurance
    • Article 8:647 Certificates
    • Article 8:648 Rejection of a request
    • Article 8:649 Information duty
    • Article 8:650 Withdrawal certificate
    • Article 8:651 Handing in of the certificate
    • Article 8:652 Copy of the certificate or of a withdrawal decision
    • Article 8:653 Costs for the issuance or authentication of a certificate
    • Subsection 8.6.5.4 [repealed] (654 – 749)
    • Article 8:654 [repealed]
    • Articles 8:655 – 8:749 [reserved]
• Title 8.7 Limitation of liability in respect of maritime debt-claims
  (Articles 750 - 769)
  • Article 8:750 Right to limit liability / definitions
  • Article 8:751 Other parties than the shipowner or salvor that may invoke the right to limit liability
  • Article 8:752 Debt-claims for which liability may be limited
  • Article 8:753 Debt-claims excluded from limitation of liability
  • Article 8:754 Intent or reckless behaviour of the liable person himself
  • Article 8:755 General limits
  • Article 8:756 Limit for passenger debt-claims
  • Article 8:757 Contribution to the fund and statutory interest
  • Article 8:758 Debt-claims to which a limitation of liability applies
  • Article 8:759 Unit of account
  • Articles 8:760 - 8:769 [reserved]

III  INLAND NAVIGATION LAW

• Title 8.8 Inland navigation vessel and things on board thereof
  (Articles 770 - 859)
  • Section 8.8.1 Shipowners Society concerning an inland navigation vessel (770 - 771)
    • Article 8:770 Shipowners Society
    • Article 8:771 Applicability of Section 8.3.1 to a Shipowners Society regarding an inland navgation vessel
    • Articles 8:772 - 8:779 [reserved}
  • Section 8.8.2 Rights in inland navigation vessels (780 - 799)
    • Article 8:780 Definition of ‘inland navigation vessel’
    • Article 8:781 Definitions
    • Article 8:782 Persons and entities subject to the obligations imposed by the present Section
    • Article 8:783 [repealed]
    • Article 8:784 Registration of inland navigation vessels in the public register
    • Article 8:785 Obligation of the shipowner to request for registration
    • Article 8:786 Deletion from the public register
    • Article 8:787 Registrations made in a foreign register
    • Article 8:788 Real property rights in inland navigation vessels
    • Article 8:789 [repealed]
    • Article 8:790 Registered property
    • Article 8:791 Acquisitive prescription
    • Article 8:792 Mortgage on a specified inland navigation vessel
    • Article 8:793 Things covered by a mortgage
    • Article 8:794 Ranking order of the mortgage
    • Article 8:795 Mortgage to secure a debt-claim on interest
    • Article 8:796 Mortgage on a share in a registered inland navigation vessel
    • Article 8:797 Applicability and inapplicability of certain statutory provisions on chartering
    • Article 8:798 Usufruct on a registerd inland navigation vessel
    • Article 8:799 [reserved]
  • Section 8.8.3 Hire-purchase of registered inland navigation vessels (800 - 819)
    • Article 8:800 Hire-purchase contract regarding inland navigation vessels
    • Article 8:801 Registration of the hire-purchase contract
    • Article 8:802 Definition ‘hire-purchaser’ and ‘hire-vendor’
    • Article 8:803 Content of the notarial deed
    • Article 8:804 No increase of the purchase price allowed
    • Article 8:805 Obligations of the seller under the hire-purchase contract
    • Article 8:806 Obligation of the buyer to accept the right of ownership
    • Article 8:807 Instalments used by the buyer to pay off a mortgage creditor
    • Article 8:808 Right of the buyer to pay off the hire-purchase debts sooner than agreed
    • Article 8:809 Mandatory official notice of default to the buyer
    • Article 8:810 Legal effects of a rescission of the hire-purchase contract
    • Article 8:811 [repealed]
    • Article 8:812 No ending of the hire-purchase contract on the basis if a stipulation
    • Articles 8:813 - 8:819 [reserved]
  • Section 8.8.4 Privileges on inland navigation vessels (820 - 829)
    • Article 8:820 Recovery by foreclosure (sale in execution)
    • Article 8:820a Right of retention
    • Article 8:821 Privileged debt-claims rank above debt-claims secured by mortgage
    • Article 8:822 Interest and costs
    • Article 8:823 Mutual ranking order of privileged debt-claims
    • Article 8:824 Extend of the privileges of Article 8:821
    • Article 8:825 Real effect of privileges
    • Article 8:826 Privileges of Article 8:821 when the vessel is in commercial operation of another person than its owner
    • Article 8:827 Privileged debt-claims related to the commercial operation of the vessel; privileged maritime debt-claims
    • Article 8:828 Privileges in connection with the preservation of the vessel or a construction
    • Article 8:829 End of privileges
  • Section 8.8.5 Privileges on things on board of an inland navigation vessel (830 - 839)
    • Article 8:830 Applicability of the present Section
    • Article 8:831 Costs of foreclosure
    • Article 8:832 Privileges for salvage, general average and cargo
    • Article 8:833 Interest and costs
    • Article 8:834 Mutual ranking order of privileges
    • Article 8:835 Extend of the privileges
    • Article 8:836 Recovery of debt-claims from the sale proceeds of things that do not belong to the debtor
    • Article 8:837 End of a privilege on cargo
    • Article 8:838 Right of reclamation
    • Articlle 8:839 [reserved]
  • Section 8.8.6 Final provisions (842 - 859)
    • Article 8:840 Inland navigation vessels belonging to the government
    • Article 8:841 Delegation
    • Article 8:842 - 8:859 [reserved]
• Title 8.9 Crew of an inland navigation vessel
  (Articles 860 - 879)
  • Section 8.9.1 [reserved]
  • Section 8.9.2 Captain (master) (860 - 879)
    • Article 8:860 Duty of the captain (master)
    • Article 8:861 Limitations of the authority (power of attorney) of the captain
    • Articles 8:862 - 8:879 [reserved]
• Title 8.10 (Commercial) Operations
  (Articles 880 - 999)
  • Section 8.10.1 General provisions (880 - 888)
    • Article 8:880 Application of Articles 8:361 – 8:366
    • Articles 8:881 – 8:888 [reserved]
  • Section 8.10.2 Contract for the carriage of goods by inland waterways (889 - 969)
    • Articles 8:889 Free choice for the application of the Budapest Convention (CMNI)
    • Article 8:890 Definition of a ‘contract of carriage of goods’
    • Article 8:891 Present Section does not affect Titles 8.7 and 8.20
    • Article 8:892 Definition of a ‘time charter’, ‘voyage charter’ and ‘space charter’
    • Article 8:893 (Non) application of legal provisions for lease, safe custody and loan for use
    • Article 8:894 Transfer of ownership of a chartered vessel
    • Article 8:895 Main obligations of the carrier
    • Article 8:896 Delay
    • Article 8:897 Instructions to the captain (master) in case of a time charter
    • Article 8:898 Liability of the carrier
    • Article 8:899 Legal presumptions in favour of the carrier
    • Article 8:900 Goods easily susceptible for loss or damage / live animals
    • Article 8:901 Damage caused due to a navigational error
    • Article 8:902 Stipulations reducing the liability or burden of proof of the carrier
    • Article 8:903 Claim of the consignor (shipper) for damages
    • Article 8:904 Debts regarded as a decrease in value of the goods
    • Article 8:905 Maximum liability of the carrier to be set by Order in Council
    • Article 8:906 Intent or conscious recklessness of the carrier
    • Article 8:907 Obligation of the consignor (shipper) to present the goods in time
    • Article 8:908 Right of termination of the consignor (shipper) and carrier
    • Article 8:909 Partial loading in case of voyage chartering
    • Article 8:910 Information duty of the consignor (shipper)
    • Article 8:911 Provision of required documents and information
    • Article 8:912 Right of termination in case of unforeseen circumstances
    • Article 8:913 Liability consignor (shipper) for a defect in the material or cargo
    • Article 8:914 Transport of dangerous cargo
    • Article 8:915 Consignment note (waybill)
    • Article 8:916 Issuance of a bill of lading
    • Article 8:917 Contract of carriage overrides a bill of lading
    • Article 8:918 Particulars for a bill of lading
    • Article 8:919 Formalities regarding a bill of lading / bill of lading to order or bearer
    • Article 8:920 Number of original prints of the bill of lading
    • Article 8:921 Evidential value of a bill of lading
    • Article 8:922 Reference in a bill of lading to contractual terms and conditions elsewhere
    • Article 8:923 Way to deliver a bill of laden
    • Article 8:924 Delivery of a bill of lading before the goods are delivered
    • Article 8:925 Pointing out the place of loading and unloading by the carrier
    • Article 8:926 Duty of the voyage charter to point out the place of loading and unloading
    • Article 8:927 Right of the voyage charter to point out the port of loading and unloading
    • Article 8:928 Costs and unoccupied time in case of a space charter
    • Article 8:929 Obligations to load, stow and unload the goods
    • Article 8:929a Criteria from the Environmental Control Act and the Water Act
    • Article 8:930 Moment that the loading time starts to run
    • Article 8:931 Loading time, demurrage time and demurrage charges
    • Article 8:932 Demurrage charges and damages in case of a delay
    • Article 8:933 Applicability of some Articles to unloading
    • Article 8:934 End of the contract of carriage when the vessel is wrecked or damaged too seriously
    • Article 8:935 Termination of the chartering contract when the vessel is damaged too seriously
    • Article 8:936 End of the chartering contract when the vessel is wrecked
    • Article 8:937 Right of the consignor (shipper) to give instructions
    • Article 8:938 Right of the holder of the bill of lading to demand a premature delivery of the goods
    • Article 8:939 Consignment note issued instead of a bill of lading
    • Article 8:940 Legal relationship between the carrier and the holder of the bill of lading
    • Article 8:941 More carriers under one and the same bill of lading
    • Article 8:942 Rank order of holders
    • Article 8:943 Definition of a ‘carrier under a bill of lading’
    • Article 8:944 Unauthorised signing of a bill of lading
    • Article 8:945 Lessor’s right of recourse
    • Article 8:946 Discharging the carrier and the handing in of the bill of lading to him
    • Article 8:947 Freightage (transport fee)
    • Article 8:948 Freightage for goods transported in violation with a legal prohibition
    • Article 8:949 Freightage under a time charter when the vessel is not available
    • Article 8:950 Costs of operation under a time charter
    • Article 8:951 Costs made en route (benevolently)
    • Article 8:952 Written stipulation to release the consignor (shipper) from his obligations
    • Article 8:953 Cash on delivery payments
    • Article 8:954 Right to refuse the delivery of the goods / right of retention
    • Article 8:955 Right of the carrier to deposit the goods in safe custody of a third party
    • Article 8:956 Compensation for delay in the events of Article 8:954 and 8:955
    • Article 8:957 Sale of goods that are deposited in safe custody
    • Article 8:958 Cooperation in inspection of goods and tallying of packages
    • Article 8:959 Judicial inquiry into the condition of the goods at delivery
    • Article 8:960 Judicial inquiry into the cause of the loss or damage
    • Article 8:961 Costs of a judicial inquiry
    • Articles 8:962 – 8:969 [reserved]
  • Section 8.10.3 Passenger transport contract with respect to inland waterways (970 - 989)
    • Article 8:970 Definition of a ‘passenger transport contract’ and ‘cabin and hand luggage’
    • Article 8:971 Period of transport
    • Article 8:972 Time or voyage charter
    • Article 8:973 Non-application of the provisions for lease, safe custody and loan for use
    • Article 8:974 Liability of the carrier in case of death or physical injury
    • Article 8:975 Liability for cabin and hand luggage
    • Article 8:976 Liability for other luggage than cabin luggage
    • Article 8:977 No liability of the carrier for gold, silver and other valuable objects
    • Article 8:978 No liability of the carrier for not wanted things on board
    • Article 8:979 Liability of the passenger
    • Article 8:980 Provisions applicable to the transport of luggage
    • Article 8:981 Applicability of Articles 8:511 – 8:516
    • Article 8:982 Navigational error / deviation of the course of the vessel
    • Article 8:983 Limitation of the amount of liability of the carrier by Order in Council
    • Article 8:984 Intent or conscious recklessness
    • Article 8:985 Mandatory law
    • Article 8:986 Applicability of Articles 8:521 – 8:529
    • Articles 8:987 - 8:989 [reserved]
  • Section 8.10.4 Some specific contracts (990 - 999)
    • Article 8:990 Bareboat chartering
    • Article 8:991 Vessel placed at someone’s disposal for use on inland waterways for other purposes than transporting goods or persons
    • Article 8:992 Contract of berth
    • Article 8:993 Termination of an indefinite contract of berth
    • Article 8:994 Contract of berth and/or navigation
    • Article 8:995 Right of the charterer to unload and navigate the vessel
    • Article 8:996 Termination by the lessor/ price for berthing
    • Article 8:997 Order of the charterer to let the vessel navigate
    • Article 8:998 Placing a vessel at someone’s disposal for use at sea and on inland waterways
    • Article 8:999 [reserved]
• Title 8.11 Accidents
  (Articles 1000 - 1059)
  • Section 8.11.1 Collision (1000 – 1009)
    • Article 8:1000 Definition of ‘inland waterway vessel’
    • Article 8:1001 Definition of a ‘collision’
    • Article 8:1002 Liability for damage under Section 8.6.1 without there having been a collision
    • Article 8:1003 Section 8.11.1 in relation to Section 8.6.1
    • Article 8:1004 Liability only for faults / force majeure
    • Article 8:1005 Fault of one single vessel
    • Article 8:1006 Two or more vessels are at fault jointly
    • Article 8:1007 Liability for faults of a pilot
    • Articles 8:1008 – 8:1009 [reserved]
  • Section 8.11.2 Assistance (Salvage) (1010 – 1019)
    • Article 8:1010 Application of Section 8.6.2
    • Articles 8: 1011 - 8:1019 [reserved]
  • Section 8.11.3 General average (1020 – 1029)
    • Article 8:1020 Definition of ‘general average’
    • Article 8:1021 Contributions in general average
    • Article 8:1022 Applicability of the 'Rhine-Rules IVR’
    • Articles 8:1023 – 8:1029 [reserved]
  • Section 8.11.4 Hazardous substances on board of an inland navigation vessel (1030 – 1059)
    • Article 8:1030 Definitions
    • Article 8:1031 Sphere of application
    • Article 8:1032 Stack transportation / towing service
    • Article 8:1033 Liability of the owner
    • Article 8:1034 Damage caused during loading or unloading
    • Article 8:1035 Liability of the consignor or another person
    • Article 8:1036 Damage caused by inseparable events
    • Article 8:1037 Damage caused by hazardous substances on board of more than one vessel
    • Articles 8:1038 – 8:1059 [reserved]
• Title 8.12 Limitation of liability of the owner of an inland navigation vessel
  (Articles 1060 - 1079)
  • Article 8:1060 Right to limit liability / definitions
  • Article 8:1061 Other parties than the owner or salvor that may invoke the right to limit liability
  • Article 8:1062 Debt-claims for which liability may be limited
  • Article 8:1063 Debt-claims excluded from a limitation of liability
  • Article 8:1064 Intent or reckless behaviour of the liable person himself
  • Article 1065 Maximum amounts for debt-claims arisen from one and the same incident
  • Article 8:1066 Institution of funds in the event of joint and several liability
  • Articles 8:1067 - 8:1079 [reserved]

IV  LAW FOR CARRIAGE BY ROAD

• Title 8.13 Carriage by road
  (Articles 1080 - 1209)
  • Section 8.13.1. General provisions (1080 - 1089)
    • Article 8:1080 Further specification of definitions by Order in Council
    • Articles 8:1081 Liability on a non-contractual basis
    • Articles 8:1082 – 1089 [reserved]
  • Section 8.13.2 Contract of carriage of goods by road (1090 - 1139)
    • Article 8:1090 Definitionof a contract of carriage of goods by road
    • Article 8:1091 Period of stack transportation
    • Article 8:1092 Non-application of Section 8.13.2 to some contracts of carriage of goods
    • Article 8:1093 Time or voyage chartering
    • Article 8:1094 Non-applicability of legal rules for lease, safe custody or loan for use
    • Article 8:1095 Main obligation of the carrier
    • Article 8:1096 Delay
    • Article 8:1097 Instructions to the driver in case of chartering
    • Article 8:1098 Force majeure (Act of God)
    • Article 8:1099 Special risks
    • Article 8:1100 Legal presumptions in regard to the occurrence of special risks
    • Article 8:1101 Unpackaged or insufficiently packaged goods
    • Article 8:1102 Semi-mandatory law
    • Article 8:1103 Valuation of damage
    • Article 8:1104 Decrease in value
    • Article 8:1105 Limitation of liability by Order in Council
    • Article 8:1106 Declared higher value of the goods
    • Article 8:1107 Declared special interest in delivery
    • Article 8:1108 Intent or conscious recklessness of the carrier
    • Article 8:1109 Right of termination when vehicle is not present in time
    • Article 8:1110 Liability of the consigno) when the goods are not presented in time
    • Article 8:1111 Right of termination of the consignor
    • Article 8:1112 Right of termination when no goods available for transport
    • Article 8:1113 Not all goods are available for transport: right of termination or acceptance of the voyage
    • Article 8:1114 Provision of required documents and information
    • Article 8:1115 Liability when the required documents and information are not presented or harmed
    • Article 8:1116 Right of termination in case of unforeseen circumstances
    • Article 8:1117 Liability consignor for defects in provided material or cargo
    • Article 8:1118 Hazardous cargo
    • Article 8:1119 Waybill (consignment note)
    • Article 8:1120 Inspection of goods according to the specifications on the waybill
    • Article 8:1121 Number of waybills
    • Article 8:1122 Transport letter
    • Article 8:1123 Legal relationship under an issued transport letter
    • Article 8:1124 Evidential value of a waybill
    • Article 8:1125 Instruction rights of the consignor
    • Article 8:1126 Right of the consignee to claim delivery when a waybill has been issued
    • Article 8:1127 Obligation of the recipient to issue a receipt of delivery
    • Article 8:1128 Freightage (transport fee)
    • Article 8:1129 Costs made en route (benevolently)
    • Article 8:1130 Cash on delivery payments
    • Article 8:1131 Right to refuse the delivery of the goods / right of retention
    • Article 8:1132 Right of the carrier to deposit the goods in safe custody of a third party
    • Article 8:1133 Sale of goods that are deposited in safe custody
    • Article 8:1134 Cooperation in inspection of goods and tallying of packages
    • Article 8:1135 Judicial inquiry into the condition of the goods at the moment of delivery
    • Article 8:1136 Costs of a judicial inquiry
    • Article 8:1137 Lost goods found again
    • Article 8:1138 Lost goods found again when an obligation for delivery no longer exists for the carrier
    • Article 8:1139 [reserved]
  • Section 8.13.3 Passenger transport contract for transport by road (1140 - 1169)
    • Article 8:1140 Definition of a ‘passenger transport contract’ for transport by road
    • Article 8:1141 Definition of ‘hand luggage’
    • Article 8:1142 Period of transport of passengers
    • Article 8:1143 Period of transport of luggage
    • Article 8:1144 Time or voyage charter
    • Article 8:1145 Non-application of the provisions for lease, safe custody and loan for use
    • Article 8:1146 [repealed]
    • Article 8:1147 Liability of the carrier in case of death or physical injury
    • Article 8:1148 Force majeure (Act of God)
    • Article 8:1149 Mandatory law
    • Article 8:1150 Liability of the carrier for luggage
    • Article 8:1151 No liability of the carrier for gold, silver and other valuable objects
    • Article 8:1152 No liability of the carrier for not wanted things on board
    • Article 8:1153 Liability of the passenger
    • Article 8:1154 Provisions applicable to the transport of luggage
    • Article 8:1155 Fault or neglect of the passenger
    • Article 8:1156 Services rendered independently by people assisting the carrier
    • Article 8:1157 Limitation of the amount of liability of the carrier by Order in Council
    • Article 8:1158 Intent or conscious recklessness of the carrier
    • Article 8:1159 Valuation of the claim for damages
    • Article 8:1160 Counterparty of the carrier guarantees the timely presence of the passenger
    • Article 8:1161 Counterparty of the carrier guarantees the timely presence of required documents
    • Article 8:1162 Termination right of the carrier in case of unknown circumstances
    • Article 8:1163 Termination right of the carrier’s counterparty in case of unknown circumstances
    • Article 8:1164 End of the passenger transport contract when the passenger does not return in time
    • Article 8:1165 General termination right of the carrier’s counterparty and damages
    • Article 8:1166 Formalities for a passage ticket and baggage receipt
    • Articles 8:1167 - 8:1169 [reserved]
  • Section 8.13.4 Moving service contract for household goods (1170 - 1209)
    • Article 8:1170 Definition of a 'moving service contract'
    • Article 8:1171 Period of transport of household goods
    • Article 8:1172 Obligation to package and dismantle the household goods where necessary
    • Article 8:1173 Main obligation of the remover; definition of ‘delivery’
    • Article 8:1174 Completion of removal without delay
    • Article 8:1175 Force majeure (Act of God)
    • Article 8:1176 Special risks
    • Article 8:1177 Legal presumption in case of special risks
    • Article 8:1178 Legal presumption of force majeure (Act of God)
    • Article 8:1179 Mandatory law
    • Article 8:1180 Compensation of costs of repair or damages in the event of a non-performance by the remover
    • Article 8:1181 Decrease in value
    • Article 8:1182 Maximum amount of liability of the remover
    • Article 8:1183 Declared higher value of household goods
    • Article 8:1184 Declared special interest in delivery
    • Article 8:1185 Intent or conscious recklessness of the remover
    • Article 8:1186 Right of termination when the remover is unable to start the removal
    • Article 8:1187 Damages when the household goods are not available for the remover to be transported
    • Article 8:1188 Right of termination of the client
    • Article 8:1189 Right of termination when no household goods are available to be removed
    • Article 8:1190 Not all the household goods are available: obligation to remove the available goods
    • Article 8:1191 Information duty of the client
    • Article 8:1192 Provision of required documents and information
    • Article 8:1193 Right of termination in case of unforeseen circumstances
    • Article 8:1194 Removal price
    • Article 8:1195 Remover has benevolently looked after the interests of others
    • Article 8:1196 No right of retention for the remover
    • Article 8:1197 Right of the remover to deposit the goods in safe custody of a third party
    • Article 8:1198 Sale of household goods that are deposited in safe custody
    • Article 8:1199 Cooperation in inspection of household goods
    • Article 8:1200 Lost household goods found again Article
    • 8:1201 Lost household goods that do not have to be delivered by the remover
    • Articles 8:1202 – 8:1209 [reserved]
• Title 8.14 Accidents
  (Articles 1210 - 1299)
  • Section 8.14.1 Hazardous substances on board of a vehicle (1210 - 1220)
    • Article 8:1210 Definitions
    • Article 8:1211 Sphere of application
    • Article 8:1212 Stack transportation / towing service
    • Article 8:1213 Liability of the operator
    • Article 8:1214 Damage caused during loading or unloading
    • Article 8:1215 Liability of the consignor or another person
    • Article 8:1216 Damage caused by inseparable events
    • Article 8:1217 Damage caused by hazardous substances on board of more than one vehicle
    • Article 8:1218 Limitation of liability to maximum amounts; intent or conscious recklessness
    • Article 8:1219 Liability fund
    • Article 8:1220 Request for a limitation of liability and a distribution of the amount for compensation
  • Section 8.14.2 [reserved]

V  AIR LAW

• Title 8.15 The aircraft
  (Articles 1300 - 1339)
  • Section 8.15.1 Rights in aircraft (1300 - 1314)
    • Article 8:1300 Definitions
    • Article 8:1301 Persons and entities subject to the obligations imposed by the present Section
    • Article 8:1302 [repealed]
    • Article 8:1303 Recording of aircraft titles and security interests
    • Article 8:1304 Deletion from the public registers
    • Article 8:1305 Real property rights in recorded aircraft
    • Article 8:1306 Registered property
    • Article 8:1307 Acquisitive prescription
    • Article 8:1308 Real property right existing of a debt-claim for transfer of ownership
    • Article 8:1309 Real property right existing of a right of use (debt-claim) derived from a lease agreement
    • Article 8:1310 Mortgage on a specified aircraft
    • Article 8:1311 Ranking order of a mortgage
    • Article 8:1312 Mortgage to secure a debt-claim on interest
    • Article 8:1313 Mortgage on a share in a recorded aircraft
    • Article 8:1314 Inapplicability of certain statutory provisions
  • Section 8.15.2 Privileges on aircraft (1315 - 1320)
    • Article 8:1315 Recovery by foreclosure (sale in execution)
    • Article 8:1316 Right of retention
    • Article 8:1317 Privileged debt-claims in respect of salvage or extraordinary preservation costs
    • Article 8:1318 Ranking order of privileged debt-claims
    • Article 8:1319 Real effect
    • Article 8:1320 Validity duration of privileges
  • Section 8.15.3 Final provision (1321 - 1339)
    • Article 8:1321 Additional regulation by Order in Council
    • Articles 8:1322 – 8:1339 reserved for future legislation
• Title 8.16 Operations
  (Articles 1340 - 1420)
  • Section 8.16.1 General Provisions (1340 - 1349)
    • Article 8:1340 Reference to other statutory provisions
    • Article 8:1341 Aircraft includes hovercraft
    • Article 8:1342 Checked baggage
    • Article 8:1343 References in the transport document
    • Article 8:1344 Air transport carried out in succession by different transport operators
    • Article 8:1345 Legal position of the actual air carrier
    • Article 8:1346 Priority of European Regulations
    • Article 8:1347 Unit of account
    • Articles 8:1348 – 8:1349 reserved for future legislation
  • Section 8.16.2 Contract of carriage of goods by air (1350 - 1389)
    • Article 8:1350 Definition ‘contract of carriage of goods by air’
    • Article 8:1351 Period of air transport
    • Article 8:1352 Time charter and voyage charter
    • Article 8:1353 Main obligations of the air carrier
    • Article 8:1354 Delay
    • Article 8:1355 Consignor’s own fault or negligence
    • Article 8:1356 Mandatory law
    • Article 8:1357 Calculation of damages
    • Article 8:1358 Costs made by the air carrier en route are regarded as a decrease in value
    • Article 8:1359 Limitation of liability by law
    • Article 8:1360 Limitation of liability of assisting persons
    • Article 8:1361 Obligation of the consignor
    • Article 8:1362 Termination right of the consignor and air carrier
    • Article 8:1363 Other grounds for termination of the contract
    • Article 8:1364 Damage caused by material or cargo of the consignor
    • Article 8:1365 Air waybill
    • Article 8:1366 Description of the air waybill
    • Article 8:1367 Documentation for multiple packages
    • Article 8:1368 Non-compliance with documentary requirements
    • Article 8:1369 Responsibility for particulars of documentation
    • Article 8:1370 Information duty of the consignor
    • Article 8:1371 Evidentiary value of the documents
    • Article 8:1372 Extraordinary air transport
    • Article 8:1373 Right of disposition of cargo
    • Article 8:1374 Delivery of the cargo
    • Article 8:1375 Enforcement of the rights of the consignor and consignee
    • Article 8:1376 Relations of the consignor and consignee or mutual relations of third parties
    • Article 8:1377 Expenses en route
    • Article 8:1378 Air carrier’s right of retention
    • Article 8:1379 Right to storage the goods with a safekeeper
    • Article 8:1380 Sale of the stored goods; information duty
    • Article 8:1381 Selecting and sorting costs
    • Article 8:1382 Receipt of goods without complaint
    • Articles 8:1383-8:1389 reserved for future legislation
  • Section 8.16.3 Contract for the transport of passengers by air (1390 - 1419)
    • Article 8:1390 Definition of an ‘air passengers contract’
    • Article 8:1391 Period of air transport of passengers
    • Article 8:1392 Time charter and voyage charter
    • Article 8:1393 Liability for death or physical injury of passengers
    • Article 8:1394 Liability for checked and unchecked baggage
    • Article 8:1395 Provisions for carriage of goods apply accordingly
    • Article 8:1396 Delay
    • Article 8:1397 Passenger’s own fault or negligence
    • Article 8:1398 Mandatory law
    • Article 8:1399 Exoneration of liability for damage exceeding the liability limit
    • Article 8:1400 Limitation of liability by law
    • Article 8:1401 Own fault or omission of the air carrier or his subordinates
    • Article 8:1402 Legal actions against a subordinate (assisting person) of the air carrier
    • Article 8:1403 Nature and extent of the damage
    • Article 8:1404 Obligation of the counterparty when the passenger does not show up
    • Article 8:1405 Liability for not providing the necessary document
    • Article 8:1406 Liability of passengers
    • Article 8:1407 Termination right of the air carrier in case of unknown circumstances
    • Article 8:1408 Termination right of the counterparty in case of unknown circumstances
    • Article 8:1409 No timely return of the passenger
    • Article 8:1410 Termination right of the counterparty under the obligation to pay damages
    • Article 8:1411 Documents in regard of passengers and baggage
    • Article 8:1412 Moment on which the baggage is to be handed over to the passenger
    • Article 8:1413 Expenses made en route
    • Article 8:1414 Receipt of checked baggage without complaint
    • Articles 1415 - 1419 reserved for future legislation
  • Section 18.6.4 Successive air transport (1420 - 1549)
    • Article 8:1420 Successive air transport
    • Articles 8:1421 – 8:1549 reserved for future legislation
• Title 8.17 [reserved]

VI  TRANSPORT BY RAILWAY

• Title 8.18 Contract of carriage of goods by rail
  (Articles 1550 - 1660)
  • Section 8.18.1 General provisions (1550 - 1553)
    • Article 8:1550 Definition of ‘contract of carriage of goods by rail’
    • Article 8:1551 Definitions
    • Article 8:1552 Non-applicability of legal rules for lease, safe custody or loan for use
    • Article 8:1553 Mandatory law
  • Section 8.18.2 Conclusion and performance of the contract of carriage (1554 - 1570)
    • Article 8:1554 Main obligations of the carrier; consignment note
    • Article 8:1555 Wording of the consignment note
    • Article 8:1556 Liability for wrong particulars on the consignment note
    • Article 8:1557 Unloading, destruction or rendering harmless of hazardous goods
    • Article 8:1558 Carriage charges and other costs
    • Article 8:1559 Verification of goods
    • Article 8:1560 Evidential value of consignment note
    • Article 8:1561 Obligation to load and unload the goods; liability for defective loading
    • Article 8:1562 Liability for not present or inadequate packaging
    • Article 8:1563 Provision of required documents and information
    • Article 8:1564 Period for delivery
    • Article 8:1565 Formalities upon the delivery of the goods
    • Article 8:1566 Modification of the contract by the consignor or consignee
    • Article 8:1567 Compliance with subsequent instructions
    • Article 8:1568 Circumstances preventing further transport
    • Article 8:1569 Circumstances preventing delivery Article
    • 8:1570 Reimbursement of additional costs made by the carrier
  • Section 18.8.3 Liability (1571 - 1587)
    • Article 8: 1571 Extent of liability
    • Article 8:1572 Railway wagon presented as the thing to be transported
    • Article 8:1573 Burden of proof
    • Article 8:1574 Subsequent (succeeding) carriers under the same contract of carriage
    • Article 8:1575 Subcontracting carrier
    • Article 8:1576 Reconsignment (re-despatchment) of goods
    • Article 8:1577 Legal presumption of loss of goods
    • Article 8:1578 Compensation for loss
    • Article 8:1579 Liability for wastage during transport
    • Article 8:1580 Compensation for damage
    • Article 8:1581 Compensation for exceeding the period for delivery
    • Article 8:1582 Declared higher value of the goods
    • Article 8:1583 Compensation in case of special interest in delivery
    • Article 8:1584 Intent or conscious recklessness
    • Article 8:1585 Interest on compensation
    • Article 8:1586 Liability of the carrier for subordinates and other assisting persons
    • Article 8:1587 Other claims and actions
  • Section 8.18.4 Assertion of rights (1588 - 1592)
    • Article 8:1588 Ascertainment of partial loss or damage
    • Article 8:1589 Assertion of debt-claims out of court
    • Article 8:1590 Persons who may file a legal claim against the carrier
    • Article 8:1591 Carriers against whom a legal claim can be filed
    • Article 8:1592 Legal presumption when delivery is taken of the goods
  • Section 8.18.5 Mutual relations between carriers (1593 - 1660)
    • Article 8:1593 Settlement of accounts between carriers
    • Article 8:1594 Right of recourse
    • Article 8:1595 Procedure for recourse
    • Article 8:1596 Agreements between carriers concerning recourse
    • Articles 8:1597 - 8:1660 [reserved]
• Title 8.19 Accidents
  (Articles 1661 - 1699)
  • Section 8.19.1 Liability for railway vehicles and railway infrastructure (1661 - 1669)
    • Article 8:1661 Liability
    • Articles 8:1662 - 8:1669 [reserved]
  • Section 19.1.2 Hazardous substances on board of a railway vehicle
    • Article 8:1670 Definitions
    • Article 8:1671 Sphere of application
    • Article 8:1672 Stack transportation / towing service
    • Article 8:1673 Liability of the railway company
    • Article 8:1674 Damage caused during loading or unloading
    • Article 8:1675 Liability of the consignor or another person
    • Article 8:1676 Damages caused by inseparable events
    • Article 8:1677 Damage caused by hazardous substances on board of more than one (railway) vehicle
    • Article 8:1678 Limitation of liability to maximum amounts; intent or conscious recklessness
    • Article 8:1679 Liability fund
    • Article 8:1680 Request for a limitation of liability and a distribution of the amount for compensation
    • Articles 8:1681 - 8:1699 [reserved]

VII  FINAL PROVISIONS

• Title 8.20 Prescription and ceasing of legal claims (rights of action)
  (Articles 1700 - 1836)
  • Section 8.20.1 General provisions (1700 - 1709)
    • Article 8:1700 Stipulation to change statutory time limits
    • Article 8:1701 Contractual extension of statutory time limits
    • Article 8:1702 Intentionally concealing a debt
    • Articles 8:1703 - 8:1709 [reserved]
  • Section 8.20.2 Carriage of goods (1710 - 1729)
    • Article 8:1710 Definitions
    • Article 8:1711 Prescription period of one year
    • Article 8:1712 Time limits in the event of a contract of carriage under a bill of lading
    • Article 8:1713 Legal claims because means of transport have not been placed at the disposal
    • Article 8:1714 Legal claims based on non-compliance with ancillary obligations
    • Article 8:1715 Legal claims in respect of material of the consignor
    • Article 8:1716 Legal claims based on the termination of the contract of carriage
    • Article 8:1717 Legal claims based on time or voyage chartering
    • Article 8:1718 Legal claims based on non-compliance with information duty
    • Article 8:1719 Legal claims based on loss of or damage to means of transport
    • Article 8:1720 Extension of time limits in case of recourse against a third party
    • Article 8:1721 Application of the longest possible period
    • Article 8:1722 Time limits in case of combined carriage of goods
    • Articles 8:1723 – 8:1726 [reserved]
    • Article 8:1727 Legal claims in case of carriage of goods by rail
    • Articles 8:1728 – 8:1729 [reserved]
  • Section 8.20.3 Special contracts of operation (1730 - 1739)
    • Article 8:1730 Prescription period of one year
    • Articles 8:1731 - 8:1739 [reserved]
  • Section 8.20.4 Freight forwarding contract (1740 - 1749)
    • Article 8:1740 Prescription period of nine months
    • Article 8:1741 Extension of time limits in case of recourse against a third party
    • Articles 8:1742 – 8:1749 [reserved]
  • Section 8.20.5 Transport of passengers (1750 - 1759)
    • Article 8:1750 Legal claims based on a passenger transport contract other than in case of death or physical injury
    • Article 8:1750a Legal claims for damages based on transport of passengers on board of a seagoing ship
    • Article 8:1751 Legal claims in regard of death or physical injury
    • Article 8:1752 Legal claim based on chartering with respect to the transport of passengers
    • Article 8:1753 Ceasing of a legal claim when no timely compliant has been made
    • Article 8:1754 Extension of time limits in case of recourse against a third party
    • Articles 8:1755 – 8:1759 [reserved]
  • Section 8.20.6 Travel contract (1760 - 1769: reserved)
    • Articles 8:1760 – 8:1769 [reserved]
  • Section 8.20.7 Shipowners Society (1770 - 1779)
    • Article 8:1770 Prescription period of five years for internal legal claims
    • Articles 8:1771 – 8:1779 [reserved]
  • Section 8.20.8 Legal claims against the captain or the master (1780 - 1789)
    • Article 8:1780 Prescription period of two years
    • Articles 8:1781 – 8:1789 [reserved]
  • Section 8.20.9 Collision (1790 - 1819)
    • Article 8:1790 Legal claim because of damage due to a collision of a seagoing ship
    • Article 8:1791 Legal claim for recourse for surplus
    • Article 8:1792 Statutory extension of prescription period
    • Article 8:1793 Prescription period for non-contractual legal claims (inland navigation vessel)
    • Article 8:1794 Prescription period for recourse for surplus (inland navigation vessels)
    • Articles 8:1795 - 8:1819 [reserved]
  • Section 8.20.10 Assistance (salvage) (1820 - 1829)
    • Article 8:1820 Prescription period of two years
    • Article 8:1821 [repealed]
    • Article 8:1822 [repealed]
    • Article 8:1823 [repealed]
    • Articles 8:1824– 8:1829 [reserved]
  • Section 8.20.11 General average (1830 - 1832)
    • Article 8:1830 Legal claim for calculation and apportionment of general average
    • Article 8:1831 Legal claim to request a ratification or revision of the report of the official calculator
    • Article 8:1832 Legal claim for a contribution in general average
  • Section 8.20.12 Hazardous substances on board of a seagoing ship, an inland navigation vessel, a vehicle or a railway vehicle (1833 - 1833a)
    • Article 8:1833 Legal claim for damages in regard of hazardous substances
    • Article 8:1833a Legal claim in regard of bunker oil pollution damage
  • Section 8.20.13 Air law (1834 - 1836)
    • Article 8:1834 Ceasing of legal claims when no timely complaint has been made
    • Article 8:1835 General time limit of two years for existence of a legal claim
    • Article 8:1836 Time limits in case of combined carriage of goods
  • General final provision