Salvage under Common Law and Salvage Convention

Rescue and salvage operations take place in many sea voyages. Numerous technical and legal problems may arise in these operations. The vessel which proceeds to do this operation normally performs another job. By this operation, the vessel breaches her job contract. The rescue ships usually incur...

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Bibliographic Details
Main Authors: Mohammad Kazem Nezarat Moghaddam, Abdol Hossein Safaei
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2015-10-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
Subjects:
Online Access:http://jplr.atu.ac.ir/article_1731_7a7c8cd0660a28c0ab8a08d1437482ce.pdf
Description
Summary:Rescue and salvage operations take place in many sea voyages. Numerous technical and legal problems may arise in these operations. The vessel which proceeds to do this operation normally performs another job. By this operation, the vessel breaches her job contract. The rescue ships usually incur a lot of costs and damages in order to perform rescue operation. There are always many challenges regarding costs and damages of rescuer in addition to the damages which the vessel may cause to the rescued ship. The rescue operation is a legal duty of ship masters; however, there should be a logic and legal method for compensating the damages. This job is carried out either for the purpose of an economic interest or it is done morally on the basis of beneficence. This article, first, deals with legal aspects of the rescue and salvage operations on basis of international conventions, common law, civil law and Iranian law. It then examines different methods for compensation
ISSN:2345-3583