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Uhsadel Rechtsanwälte PartGmbB

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Uhsadel Rechtsanwälte PartGmbB

You are looking for professional advice on legal fields of yacht law?

We give you legal advice for the purchase, sale or construction of your yacht by taking into account the relevant legal matters including the yacht’s characteristics and your planned use of the yacht.

Dr. Jan Philipp Tietjen
Lawyer / Partner
Uhsadel Rechtsanwälte PartGmbB

We give you legal advice!

  • Yacht-building

  • Yacht-purchase

  • Yacht-sale

  • Yacht-registration

  • Yacht-insurance

  • Yacht-damage

Dr. Jan Philipp Tietjen

Dr. Jan Philipp Tietjen was admitted to the Hamburg bar in 2003 and became a partner of the Hamburg law firm Uhsadel Rechtsanwälte PartGmbB in 2004. Right from the start, Dr. Tietjen has specialized in yacht and yacht insurance law and is therefore well connected in the yacht industry in Germany and almost everywhere in Europe. In addition to conducting litigation in yacht insurance law, Dr. Tietjen mainly advises yacht owners in their realization of yacht construction and yacht purchase projects in Germany and abroad. As an ambitious regatta sailor (HSH Blue Race 2007, ARC 2013 and 4x Round Skagen) Dr. Tietjen is also experienced on the water.

Yacht-building

Any yacht-building project is a very complex venture which needs to be well planned right from the beginning. Taking the right decisions and a diligent analysis of all relevant aspects regarding the construction phase as well as taking the yacht’s designated use into consideration is necessary to avoid any disadvantages for the buyer. Often shipyards work with standardised contracts which in many cases miss to regulate the buyer´s essential security needs, but on the other hand do regulate the shipyard’s needs only.

We are happy to accompany and advise you comprehensively in the relevant legal matters with regard to your yacht-building project, in particular checking the yacht construction contract and giving relevant advise during the construction phase and for the completion of the sale.

Yacht-purchase

The purchase of a yacht is supposed to be a huge joy for the buyer, but sometimes decisions are made under time pressure without having the necessary experiences and may easily be taken wrongly which then unfortunately often causes legal problems that could have been avoided easily. For any purchase of a yacht it is substantial to consider all relevant aspects including but not limited whether the yacht is new or second-hand, whether the seller is a natural or legal person, the choice of flag incl. the current flag of the previous owner, designated shipping routes, involvement of a financing bank and the need to register a mortgage as security for the bank, the option to trade-in a previously owned yacht.

We are well experienced to assist you by taking the right decision on the legal side after taking into consideration especially the designated use of the yacht. We do focus on the relevant factual and legal aspects necessary to enable you to take your optimal decision. Hence, we are happy to be engaged as your legal advisor, ideally already from the very beginning of the project until delivery of the yacht or if necessary even for the time after the yacht’s delivery.

Yacht-sale

Once a buyer for your yacht is found you will need to regulate all the essential aspects of the seller’s side in the ales agreement. Besides the purchase price regulation various more seller obligations should be regularised in your interest. Especially essential regulations for the security of you as the seller should not be missing in the sales agreement. The legal admissibility provided a disclaimer of warranty should also be part of the sales agreement. The method of payment of the agreed purchase price in connection with legal obligations concerning the registration of the yacht have to be regularised in a way that eliminate the risk to lose the ownership of the yacht before recerving the full purchase price.

We accompany the sale of your yacht and consult you comprehensively concerning all during the sales process upcoming legal issues.

Yacht-registration

Ahead of the purchase of a yacht a proper decision will have to be taken under which flag the yacht shall be registered. For taking the right decision it is essential to take into consideration all relevant aspects and details of in particular the yacht’s length/displacement, the place of delivery as well as the navigable waters and the yacht’s VAT situation and its planned future usage. There are various reasons for the registration of a yacht into a ship register. Irrespective thereof the registration of a yacht and if applicable the registration of a ship mortgage as security of a funding is inevitable.

We will gladly advise you on your decision and register your yacht for you.

Yacht-insurance

Operating a yacht either privately of for commercial use is always a complex matter. The adequate insurance of your own yacht is a central aspect in this context.

In the event of a claim, you are obliged to fulfil various obligations towards your insurer. Depending on the cause of the damage, it is very important that you decide to take action very promptly in order, for example, to maintain your obligation to advertise and minimise damage. For such cases we have got many years of experience in communication with the respective insurers. Should it become necessary for you to take legal action to assert your claims, we will gladly take care of this for you.

Yacht-damage

Boat and ship accidents usually occur either through technical failure or through the culpable action of the skipper or shipowner. In case of damage the question of liability arises. Unlike the regulations in road traffic, there is no absolute liability in shipping. Exept for fire and explosion damage, a fault or mistake on part of the skipper is always required for liability. For the examination of liability in the event of a shipping accident various special rules must be observed. As passionate sailors and on the basis of our many years of experience in connection with the handling of a wide variety of shipwrecks, we can provide you with comprehensive advice in defending or asserting claims or represent you in the case of necessity of criminal defence related to such an accident.

Dr. Jan Philipp Tietjen
Rechtsanwalt

Uhsadel Rechtsanwälte PartGmbB
Am Sandtorkai 73
20457 Hamburg

Telefon: +49 (0) 40 350 176 910
E-Mail: tietjen@uhsadel.com