The recent reform of German maritime law
New maritime trade legislation, aimed at modernising and simplifying German maritime law, entered into force in Germany on 25 April 2013.
This article highlights some of the more significant changes brought about by the relevant amendments to the German Commercial Code, including the incorporation of comprehensive provisions relating to time and bareboat charterparties, the introduction of the concept of ‘performing carrier’, the extension of a shipowner’s liability for damages and facilitation of the arrest of ships…
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Mr Justice Field, sitting in the Commercial Court, has had to consider the meaning of the phrase ‘proper and business-like’.
Swallowfalls v Monaco Yachting provides further support for the construction of contracts in the manner most consistent with ‘commercial common sense’.