Question:

Maritime Law/Ghost ship spoils?

by  |  earlier

0 LIKES UnLike

What is it called when someone leaves a ship at sea and you can claim it?

 Tags:

   Report

2 ANSWERS


  1. Right of Salvage:

    Salvage law has as a basis that a salvor should be rewarded for risking his life and property to rescue the property of another from peril. A vessel is considered in peril if it is in danger or could become in danger. Examples of a vessel in peril are when it is aground or in danger of going aground.

    Prior to a salvage attempt the salvor receives permission from the owner or the master to assist the vessel. If the vessel is abandoned no permission is needed.

    The amount of the award depends on, in part, the value of the salved vessel, the degree of risk involved and the degree of peril the vessel was in. Legal disputes do arise from the claiming of salvage rights. To reduce the amount of a claim after an accident, boat owners or skippers often remain on board and in command of the vessel; they do everything possible to minimise further loss and seek to minimize the degree of risk the vessel is in. If another vessel offers a tow and the master or owner negotiates an hourly rate before accepting then salvage does not apply.

    Some maritime rescue organisations, such as Britain's Royal National Lifeboat Institution, insist the crews of their lifeboats renounce their right to claim compensation for salvage.

    Jetsam are goods that were thrown off a ship, which was in danger, to save the ship. Flotsam are goods that floated off the ship while it was in danger or when it sank. Ligan or lagan are goods left in the sea on the wreck or tied to a buoy so that they can be recovered later by the owners. Derelict is abandoned vessels or cargo.

    In the United Kingdom under the Merchant Shipping Act 1995, jetsam, flotsam, lagan and all other cargo and wreckage remain the property of their original owners. Anyone, including recreational divers and beachcombers, removing those goods must inform the Receiver of Wreck to avoid the accusation of theft. As the leisure activity of wreck diving is common, there are laws to protect historic wrecks of archaeological importance and to protect war graves.

    The 1910 Brussels Convention for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea reflects the traditional legal principles of marine salvage. The 1989 International Convention on Salvage incorporated the essential provisions of the 1910 Convention, and added some new provisions, as well. The 1989 Salvage Convention entered force on July 14, 1996, with nearly twenty parties. It replaces the 1910 Convention for states which are parties to both where the two conventions' provisions are incompatible.


  2. You can't "...claim it." Just as you park your car on a public street, doesn't mean that someone else can come along and "claim it." The vessel and any cargo remain the property of the registered owners, even if the vessel is unmanned or sunk.

Question Stats

Latest activity: earlier.
This question has 2 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.
Unanswered Questions