On The Application Of Law In Respect Of Employed Salvage

After the "Gabriel" case,there has been a dispute on the legal properties and application of employed salvage,and there is no clear conclusion.However,the provisions of China's Maritime Law on employed salvage are not clear,and the Supreme Court has not made any judicial interpretation of this hotly disputed issue after the Gabriel case,so it can be expected that this debate will not subside in the short tenm.This article has conducted an in-depth study on this issue,and has drawn my own conclusions,hoping to make a small contribution to quell the dispute.This article is divided into four chapters:First,the first chapter sorts out some important basic issues of employed salvage,including introducing the practical application of employed salvage,analyzing the origin of the meaning of employed salvage,etc.And secondly,the "Gabriel" cases led to two major controversies regarding employed salvage,namely,how to determine the nature of the employed salvage contract and what legal provisions apply to regulate the employed salvage contract.The second chapter is mainly to confirm the nature of the employed salvage contract.The first section draws a conclusion that employed salvage is different from salvage by comparing employed salvage with salvage.The second section analyzes the attitude of the relevant countries to employed salvage in light of foreign judicial cases,and concludes that employed salvage is only a type of contract salvage,and the salvor cannot get paid on the basis of the salvage result,but can only get the corresponding fee according to the general service contract.Through the above analysis,the point of view that the employed salvage contract is not a salvage contract is explained.The third section explains the point of view that the employed salvage contract is a maritime service contract.The main content of the third chapter revolves around the legal application of employed salvage.The first section analyzes the legislative background,and purpose of the 1989 International Convention on Salvage,and combines with the understanding of the specific provisions of the Convention,it is concluded that the employed salvage contract does not apply to the 1989 International Convention on Salvage;the second section adopts various legal interpretation methods such as legal interpretation,system interpretation,purpose interpretation,etc.explain the provisions of Chapter 9 of the Maritime Law to clarify the conclusion that the employed salvage contract does not apply to Chapter 9 of the Maritime Law;the third section based on the above conclusions and analysis,the different views held by scholars on this issue are analyzed and the corresponding reasons are explained;the fourth section explains the relationship between the employed salvage system and other maritime systems.The fourth chapter is based on the legislative and judicial status of our country,and puts forward suggestions to improve our legal system of employed salvage.This article draws the following conclusions:employed salvage is not a salvage stipulated in the 1989 International Convention on Salvage and Chapter 9 of the Maritime Law,so the provisions of the 1989 International Convention on Salvage and Chapter 9 of the Maritime Law do not apply,but the provisions of the Contract Law apply.