It happens time and time again: crews are forced to abandon their yachts in the middle of the ocean. Sometimes the steering gear fails, sometimes there are accidents, sometimes the provisions run out. Often the boats are still afloat, but then drift on the sea as ghost ships.
What are the consequences? Would the owner be held responsible if another vessel collided with his yacht? Does it still belong to him at all, or would a finder be allowed to keep it?
7 questions and answers about ghost ships:
Does an owner who abandons his ship at sea lose ownership of it?
Not according to German law. According to Section 959 of the German Civil Code, this would require not only the mere relinquishment of possession but also the clearly recognisable intention to relinquish ownership. Only when this is the case does ownership cease and the yacht is henceforth an ownerless object.
Can an abandoned yacht be taken over by third parties, i.e. appropriated as lost property?
According to German law, yes, if it is an ownerless object as described. However, it cannot be concluded that the owner intends to relinquish ownership simply by abandoning the ship. The situation is only unambiguous if it is clearly recognisable that the owner wants to give up his property. If, on the other hand, he hopes to be able to salvage the ship later, a finder may not simply appropriate it.
What happens if the abandoned yacht is stranded somewhere before the owner can find and recover it?
This is regulated very differently from country to country. In Germany, it does not matter whether a boat is drifting at sea or stranded on the coast in terms of ownership.
Can the owner be held liable if, for example, another vessel collides with the abandoned yacht?
Yes, as the cause of the underlying condition, he is liable for any damage caused to other vessels or the environment. This even applies if he declares his intention to give up ownership of the vessel - because this is precisely what causes the danger to people and the environment.
Is it forbidden or, on the contrary, even advisable to sink your yacht when you leave it so that it does not become a ghost ship?
Sinking the yacht is harmful to the environment in any case. However, it can at least prevent you from being held liable later as a so-called condition polluter - for example in the event of a collision. Whether it is advisable, however, usually depends less on the legal and more on the actual circumstances. For example, if it is possible to salvage the yacht later and it has a high value, you may want to accept the liability risk. It may also be difficult to prove to the hull insurer that the sinking was necessary. This can be difficult in the event of a total loss - also because yachts are often deliberately sunk with fraudulent intent in order to collect the sum insured. It must be possible to prove that this is not the case.
What to do in the event of damage?
You can read about what owners need to do in the event of an accident to avoid losing their insurance cover in our
Does it matter where a ship is abandoned?
Yes, in the middle of the ocean, for example, no national law applies. However, the principle of the owner's responsibility for the condition of the property is of international importance. However, if, for example, a fisherman on Easter Island retrieves an apparently abandoned yacht and declares himself its owner, a legal dispute will not be conducted in accordance with German law. The local national regulations would then apply.
