The Bodmerei (Verbodmung, franz. Contrat la large, English Bottomry, to derive from Bome, equivalently to Kiel, or from "“soil"”, i.e. the ship soil, as the main part of the ship) is a historical term in the merchant shipping act. It was the loan agreement, with that the creditor with a sea voyage against warranty of a premium and against of the ship, the charge, the freight or all or several of these objects the maritime risk took over. With the any fall of the pledge objects also the demand of the creditor (Bodmeristen, Bodmereigebers) at capital and premium expired.

Details

During partial fall of the pledge object the demand of the Bodmeristen on the debtor (Bodmereinehmer) up to the amount of value of the still existing one reduced itself, as the legal proverb says: It clings everything that the soil brings to country. The Bodmerei stands for the sea-loan of the Romans, in historical connection, with the Foenus nauticum, with which higher interest than otherwise legally the permitted was permissible.

From this then developed the Grossaventurei in such a way specified, also Respondentia, particularly mentioned a common a sea- leaning contract in the Middle Ages, which was locked for the acquisition of goods, in France and England, which should be sent away over lake, and granted with which to the creditor a premium granted as well as a pledge right at the goods which can be dispatched against assumption of the maritime risk.

From the Grossaventurei however the Bodmerei developed at all, to which generally the rule applied that that could verbodmen, which was authorized to the of the article concerned thus in regarding the ship of the shipowners, regarding the charge of the Befrachter. Also the was permitted to the boat operator by ship, freight and charge under certain conditions during the journey.

This latter case is called actual Bodmerei, also Notbodmerei, by summarizing then all remaining cases under the designation of the improper Bodmerei. The German commercial code (book V, Tit. 7) acted only of the actual Bodmerei, by explaining in the article 680: "“Bodmerei in the sense of this law book is a which is entered of the boat operator (ship captain) as such strength of the powers given in this law book him under warranty of a premium and under of ship, freight and charge or of or several of these articles in the kind the fact that the creditor can because of its requirements only to the pawned (verbodmeten) articles after arrival of the ship at the place regard, where the journey is to end, as which the business died itself (Bodmereireise)"”.

Such Bodmerei could be taken up however after the commercial code only in an emergency, if the ship were outside of the home port, for the purpose of the execution of the journey, the boat operator could verbodmen regularly both the ship and the freight alone, the charge however only together with the ship and the freight; the charge alone could be verbodmet only if this erheischte during the journey an exclusive interest of the charge-taken part for the purpose of preservation and reforwarding of the charge.

The presence of an emergency was by the way judged, as long as the opposite was not proven, as given if the necessity for entering the business by the national consul or, in the absence of its, by the court or the otherwise responsible authority of the place of the exhibition or, if it was missing also at such, by which ship officers was documentary testified.

The Bodmereivertrag had to be established after the German commercial code in writing. The document concerned, legally as "“gekorenes bearer share"” out-arranged, which had to be issued upon the requests of the Bodmeristen in several copies as well as on order and be further given in letztern the case by endorsements to andre could, was called Bodmereibrief or Bielbrief (ital. Cambio marittimo), its individual components, whose admission could be required of the Bodmeristen, in the article 684 of the commercial code was particularly indicated.

The Bodmereischuld was, if in the Bodmereibrief a andre regulation was not met to pay in the port of arrival of the Bodmereireise and on the respected day after the arrival of the ship in this port. From the day of payment ran from the whole Bodmereischuld including the premium interest to 6 per cent. The amount of the premium was already left to the free discretion of the contracting parts before abolition of the legal restrictions of interest because of with the Bodmerei connected risks.

The Bodmerist had in the rest of the rights of a bottomry bondholder clung to it the verbodmeten articles solidary and could not before its satisfaction not be delivered.

The Bodmereigeber on realization of its requirements being entitled complaint was a material; only exeptionally the boat operator clung personally and with his whole fortune, so in particular in the case of a deviation in such a way specified, if the boat operator exposed the Bodmereireise arbitrarily changed or after their completion the verbodmeten articles again to a maritime risk.

In addition the Bodmerist could adhere only to the pawned objects for the purpose of its satisfaction. If the journey was not begun at all, then it could stress only an appropriate If the same articles had been verbodmet several times, then, deviating from the rule with other the later earlier Verbodmung proceeded. The Bodmereigeber fell no kind of the average to the load.

Literature

• Stephan shoemaker: The sea-loan in the court speeches of the Demosthenes. With a view on the further historical development: nautikn, fenus nauticum and Bodmerei, Berlin: Duncker & Humblot 2005. ISBN 3-438-11778-6.

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