نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشکده حقوق و علوم سیاسی دانشگاه شیراز
چکیده
کلیدواژهها
عنوان مقاله [English]
ng>Marine salvage is the process of rescuing a ship, its cargo and other property from perils. There are two types of salvage: a contract of salvage and pure salvage. In a contract of salvage, the owner of the property and the salvor enter into a salvage contract prior to the commencement of salvage operations; the amount that the salvor is paid is determined by the contract and the salvor renders assistance according to the terms of the contract. Every agreement as to assistance or salvage that is entered into at the moment and under the influence of the danger may, at the request of either party, be annulled by a court, if it considers that the conditions agreed upon are not fair. The legal status of such a contract is valid but voidable. So a voidable contract is one which one of the parties or a third party can put an end to at his/her discretion. Voidable contracts are not generally known of in Iranian law, but some exceptions such as salvage contract can be found. Keywords: Salvage, Salvage contract, Assistance at sea, Convention on Salvage, Voidable contract