All questions relating to the shared ship, especially on operation,Utilisation and maintenance should be set out in writing. For example: Who is authorised to use the boat, when and how often? How are whichCosts divided among themselves? Who takes care of the maintenance? What happens if someone wants to leave the community of owners - or dies? Or to what extent are third parties allowed on board?Clear regulations are not only for theDispute but also for contracts with third parties such as shipyards or winter storage operators.
Two legal forms are available for drafting contracts: theCommunity of owners (co-ownership community) and theOwner companywhere the co-owners form a partnership under civil law (GbR). In the case of a community, everyone is basically free to dispose of their share of the boat, for example by selling it. With a company, this is only possible withConsent of the other owners - who are thus more closely bound to each other.
If it is clear that a boat is to be purchased together, it makes sense to organise the community or company before the purchase.Boat purchase and to enter this company as the buyer in the purchase agreement.
Click here for the sample of a Co-ownership agreement according to §§ 741 ff. BGB (click).
Design instructions:
Additional co-owners can of course be included in the joint owners' agreement. As owners' associations are predominantly formed by two members, the model agreement has been modelled on two shareholders. If the co-owners wish to ensure that each shareholder can freely dispose of their share in the ship, the approval requirement under Section 5 (1) sentences 4 and 5 could be cancelled. In the case of a plurality of owners, the administrative tasks could also be transferred to a specific co-owner in order to make the community more capable of acting.
The possibility of chartering out the ship is to be understood as a design proposal, which can also be cancelled if necessary. It is up to the co-owners to individually structure the contract in such a way that their specific ideas and interests are realised as far as possible. Only the entitlement of each co-owner to cancellation of the community in the event of good cause may not be contractually excluded.
Click here for the sample of a Partnership agreement according to §§ 705 ff. BGB (click).
In the event of the acquisition of a used boat, the regulation in accordance with § 1 must be adapted accordingly. The same applies with regard to the number of shareholders. The regulation pursuant to § 5 (1) on management is a proposal. The management can also be exercised jointly by the companies or permanently transferred to a shareholder. The draft agreement therefore represents a basic framework that can be amended or supplemented according to the individual ideas of the shareholders.
The contracts are taken from the guidebook "Recht an Bord" by Heyko A. Wychodil. The legal guide for sailors is published by Delius Klasing Verlag.
