Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī (Nov 2015)

Salvage under Common Law and Salvage Convention

  • Abdol Hossein Safaei,
  • Mohammad Kazem Nezarat Moghaddam

DOI
https://doi.org/10.22054/jplr.2015.1731
Journal volume & issue
Vol. 4, no. 12
pp. 37 – 59

Abstract

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Rescue and salvage operations take place in many sea voyages. Numeroustechnical and legal problems may arise in these operations. The vessel whichproceeds 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 costsand damages in order to perform rescue operation. There are always manychallenges regarding costs and damages of rescuer in addition to the damageswhich the vessel may cause to the rescued ship. The rescue operation is a legalduty of ship masters; however, there should be a logic and legal method forcompensating the damages. This job is carried out either for the purpose of aneconomic 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 ofinternational conventions, common law, civil law and Iranian law. It thenexamines different methods for compensation

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