第八讲 海难救助.pptVIP

Chapter 8 Salvage at Sea ;1.Concept ; Ship means any ship referred to in Article 3 of this Code and any other non-military, public service ship or craft that has been involved in a salvage operation therewith. 处于救助关系中的“船舶”，包括《海商法》第3条所称的船舶和与其发生救助关系的任何其他非用于军事的或者政府公务的船艇。 Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk. “财产”是指非永久地和非有意地依附于海岸线的任何财产，包括有风险的运费。 ;2. Types of Salvage at Sea ; Article 186 The following salvage operations shall not be entitled to remuneration: (1) The salvage operation is carried out as a duty to normally perform a towage contract or other service contract, with the exception, however, of providing special services beyond the performance of the above said duty. 正常履行拖航合同或者其他服务合同的义务进行救助的，但是提供不属于履行上述义务的特殊劳务除外。 ; (2) The salvage operation is carried out in spite of the express and reasonable prohibition on the part of the Master of the ship in distress, the owner of the ship in question and the owner of the other property. ; 2.2 Contractual salvage (1) Art 174 Every master is bound, so far as he can do so without serious danger to his ship and persons on board, to render assistance to any person in danger of being lost at sea. 船长在不严重危及本船和船上人员安全的情况下，有义务尽力救助海上人命。 (2) Art 175 A contract for salvage operations at sea is concluded when an agreement has been reached between the salvor and the salved party regarding the salvage operations to be undertaken. 救助方与被救助方就海难救助达成协议，救助合同成立。; The master of the ship in distress shall have the authority to conclude a contract for salvage operations on behalf of the shipowner. The master of the ship in distress or its owner shall have the authority to conclude a contract for salvage operations on behalf of the owner of the property on board.----agent of necessity 遇险船舶的船长有权代表船舶所有人订立救助合同。遇险船舶的船长或者船舶所有人有权代表船上财产所有人订立救助合同。 ; （3）Ar