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The concept of marine salvage has been legal since the time of the Byzantine Empire, and in modern times, the Salvage Convention of 1910 was supported by an international panel and ratified in 1913 by the United States. To supplement the convention and the new circumstances in 1912, the U.S. formulated a salvage packaging law.
The person who saves property at sea is entitled to a reward is generously calculated taking into account the fundamental rights of the public order act. Public policy has been formulated to ensure the sailors, the prompt service in emergencies and also to award compensation much greater than the value of the actual labor.
Formal Requirements for an act of salvage:
1) serious danger from which the vessel or property could not be saved, without the support salvor
2) a voluntary act of salvor no legal or regulatory obligation to help
3) a successful act in saving a portion or all of the property in danger
For the task of property, each may be a salvor and, later, when the owner wants his property back, he would, under a lien for the salvage claim. Typical acts of rescue with the rescue and towing of a ship at sea turbulent, but the range of situations, the salvage is very wide.
Examples of salvage packagings as escorting a ship in distress to a position where can be made, the information in order to avoid a disability such as an ice floe or a message, which results in the provision of emergency assistance. Properties on to save call must be on the water or on the beach or reef.
A person who is under the obligation to provide assistance can not act as salvor. Crew members or persons employed in public service like the fire brigade or even licensed pilots are not entitled to an award for saving property.
The main ingredients in determining the amount of the price to be decreed for a salvage service, the work spent by the salvor, his speed, skill and energy, the value of the property secured, the degree of hazard and risk by the salvors.
The items that are taken into account when assessing the value of the property are the ship, freight and cargo. The salvage price will never be greater than the value of the property salved but still much lower, except in case of abandoned or forfeited property.
Salvage packagings are awards for salvage of property and not life, so that they in no way affect the awards for the pure life salvage unaccompanied save property. Whatever the attempts of the court will also take into account the moral and economic issues.
Allan Wilson owns and operates http://www.maritime-insurance-law.com where you can learn more about the issues of maritime law. Maritime Insurance Law
วันศุกร์ที่ 21 สิงหาคม พ.ศ. 2552
new york law firm rankings
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