Analysis Of The Legal Problems Of Employed Salvage Service

At the beginning of the establishment of Salvage at Sea,principle of “No cure,no pay” has become an important principle in this field because of its importance.Between the period of continuous development,this principle has become an important criterion for judging the establishment of Salvage at Sea.Employed salvage service is a special legal act in the field of maritime law.Regarding its legal nature and the application of law,there is no clear meaning in international conventions,and different rules are formulated by different countries according to their substantive contents.Maritime Lawin China does not have a long period of time,and the adjustment of the legal relationship between theshipping subjects is based on Maritime Law which was published in 1993.And the ninth chapter of Maritime Law ruled Salvage at Sea.However,Maritime Law does not rule employed salvage service,and in the judicial practice,the courts do not have any cases about the identification of this kind of behavior.South China Sea Salvage Bureau v.Archangelos Investments E.N.E is an important case of contract dispute regarding employed salvage service in China.In this case,the Supreme People's Court legalize this kind of contract in judicial practice.Analysis of the Supreme People's Court's judgement,we can find there are some differences in the judicial practice and the theory in China.The author try to compare these differences,and then sum up,and finally put forward some viewpoints.By this way,we can improve the development of Salvage at Sea in China,and promote the revision and development of Maritime Law.Chapter 1 introduces the general situation of South China Sea Salvage Bureau v.Archangelos Investments E.N.E.The first section introduces the basic information of this case.The second section analyzes the controversy of this case: the legal nature of the contract in this case and the calculation of the remuneration of this case.Chapter 2 analyzes the several elements of Salvage at Sea.The first section analyzes the basic concept of Salvage at Sea from both the objective behavior and subjective meaning.The second section compares and analyzes some theories about the legal nature of Salvage at Sea,and the author agrees that according to the implementation,the legal nature of Salvage at Sea should be divided into two kinds: Negotiorumgestio and contract.The third section analyzes the four elements of Salvage at Sea: the subject should be legal,the subjects are in danger,person should be voluntary and the acts produced effects.Chapter 3 analyzes the differences of definition of employed salvage service between legal practice and theory based on analyzing the basic concepts of employed salvage service and the case of retrial.The first section analyzes the basic concept of employed salvage service,and summarizes the basic concepts of employed salvage service based on the comparative analysis of “engaged service” in Britain.The second section compares employed salvage service and Salvage at Sea from the subjective and objective elements.It is concluded that employed salvage service and Salvage at Sea are different in subjective element.And in this section,the paper also analyzes the legal nature of the contract in this case.The third section analyzes the reasons why employed salvage service is not applicable to Chapter 9 of Maritime Law,and analyzes the application law of the contract in this case.Chapter 4 mainly discusses the application of employed salvage service in China.The first section puts forward some suggestions form the concept and the application based on analyzing the applicable situation of employed salvage service in China.The second section analyzes the relationship between employed salvage service and other maritime legal systems.Firstly,the paper analyzes whether the right of request remuneration in employed salvage service contract has maritime lien.Secondly,the writer analyzes the remuneration in employed salvage service contract belongs to general average or not.