
The inventor or salvor of a wreck is entitled to compensation calculated taking into account:
1) costs incurred, including remuneration for work performed;
2) the skill displayed, the risks run and/or the importance of the salvage equipment used;
3) the value of the salvaged wreck.
If there is more than one salvor, compensation is divided on the above basis.
If the owner claims the wreck within the time limit stipulated by the present code, the remuneration is fixed by agreement between him and the salvor. between him and the salvor(s) and, in the event of disagreement, by the court of the place where the wreck where the wreck was found or brought.
If the owner has not claimed the wreck within the time limits set by this code, the competent maritime authority will propose a remuneration assessed by it on the basis set out in the previous article.
If the proposals of the competent maritime authority are not accepted by the parties, the remuneration shall be fixed by the court.
When a ship has occasionally contributed to the salvage of a wreck, the remuneration is shared between the shipowner and the crew on the basis of two thirds to the shipowner and one third to the crew. Between crew members, remuneration is shared in proportion to salaries.
The provisions of this article do not apply to companies which normally carry out salvage operations.
In the case of wrecks belonging to the State, and notwithstanding the foregoing above, the administrations concerned, in collaboration with the competent maritime authority, may prohibit salvage or, if salvaged, fix the salvor’s lump-sum remuneration.
The inventor’s or salvor’s remuneration is accompanied by a lien on the salvaged wreck.
The owner who claims the wreck will obtain its return only after payment of the remuneration and the costs, duties and taxes or, in the event of a dispute, the deposit of a sum sufficient to ensure payment.
Any costs incurred by a public service in application of article 228 are subject to the same lien.
The inventor’s or rescuer’s right to remuneration is time-barred within a period of two years from the date of completion of the salvage operations.


Add comment