The Rights of the Salvor in Salvage Conventions and Iranian Marine Act

Document Type : Research Paper

10.22099/jls.2014.1915

Abstract

       Marine salvage is the process of rescuing a ship, its cargo, or other property from peril. "Salvors" are who carry out salvage to vessels that are not owned by themselves, and who are not members of the vessel's original crew. There are two types of salvage: In contract salvage the owner of the property and salvor enter into a salvage contract prior to the commencement of salvage operations and the amount that the salvor is paid is determined by the contract. In pure salvage, there is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in a court which has jurisdiction, and this will award salvage based upon the merite of the services and the value of the salvaged property. In order for a claim to be awarded three requirements must be met: The property must be in peril, the services must be rendered voluntarily, and finally the salvage must be successful in whole or in part. There are several factors that would be considered by a court in establishing the amount of the salvor’s award. Some of these include the difficulty of the operation, the risk involved to the salvor, the value of the property saved, the degree of danger to which the property was exposed, and the potential environmental impacts. There are two conventions on salvage: The 1910 Brussels Convention for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea  and The 1989 International Convention on Salvage. Iran is member of these conventions. This article deals with the rights of the salvor in the mentioned salvage conventions and Iranian Marine Act.
 

Keywords

Journal of Legal Studies
Volume 5, Issue 3 - Serial Number 3
March 2014
Pages 161-192

Files

Share

How to cite

Statistics