What is the value of 431

Commercial Code (HGB)

G. v. 05/10/1897 RGBl. P. 219; last amended by Article 7 G. v. May 12, 2021 Federal Law Gazette I p. 990
Valid from 01/01/1900; FNA: 4100-1 Commercial Code
75 earlier versions | is quoted in 1375 regulations

Fourth book commercial transactions

Fourth section, freight business

First subsection General Regulations

Section 429 compensation

Section 430 Damage Assessment Costs

Section 431 maximum amount of liability


Fourth book commercial transactions

Fourth section, freight business

First subsection General Regulations

Section 429 compensation


§ 429 is quoted in 7 regulations


(1) If the carrier has to pay compensation for total or partial loss of the goods, the value is to be reimbursed at the place and at the time of acceptance for transport.


(2) 1If the goods are damaged, the difference between the value of the undamaged goods at the location and at the time of acceptance for transport and the value that the damaged goods would have had at the location and at the time of acceptance is to be replaced. 2It is assumed that the costs to be used to reduce and repair the damage correspond to the difference to be determined in accordance with sentence 1.


(3) 1The value of the goods is determined according to the market price, otherwise according to the common value of goods of the same type and quality. 2If the goods have been sold for transport immediately prior to acceptance, it is assumed that the purchase price shown in the seller's invoice, less the transport costs contained therein, is the market price.


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Section 430 Damage Assessment Costs


Section 430 is quoted in 5 provisions


In the event of loss of or damage to the goods, the carrier must bear the costs of determining the damage in addition to the compensation to be provided in accordance with Section 429.


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Section 431 maximum amount of liability


§ 431 has 1 earlier version and is quoted in 8 provisions


(1) The compensation to be paid in accordance with Sections 429 and 430 for loss or damage is limited to an amount of 8.33 units of account for each kilogram of the gross weight of the goods.


(2) If the goods consist of several pieces of freight (shipment) and only individual pieces of freight have been lost or damaged, the calculation according to paragraph 1


1.
to take the entire consignment as a basis if the entire consignment has been canceled, or

2.
to be based on the canceled part of the shipment if only part of the shipment is canceled.

(3) The carrier's liability for exceeding the delivery deadline is limited to three times the amount of the freight.


(4) 1The unit of account named in paragraphs 1 and 2 is the Special Drawing Right of the International Monetary Fund. 2The amount is converted into euros according to the value of the euro against the special drawing right on the day the goods are accepted for transport or on the day agreed by the parties. 3The value of the euro against the Special Drawing Right is determined according to the calculation method used by the International Monetary Fund for its operations and transactions on the day in question.



Text in the version of Article 1 of the Law on the Reform of Maritime Trade Law G. v. April 20, 2013 Federal Law Gazette I p. 831 w.v. April 25, 2013


Link to this site: https://www.buzer.de/s1.htm?a=429-431&ag=3486

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