banafshe mazloom torshizy; Golam Nabi Fayzi Chakab
Abstract
Liability for damages is one of the effects of salvage for salvor and is considered a negative factor for his motivation. Along with other protective rules,limitation of liability can be an effective way to determine a possible liability. Maritime law does not allow the limitation of the salvor's liability, ...
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Liability for damages is one of the effects of salvage for salvor and is considered a negative factor for his motivation. Along with other protective rules,limitation of liability can be an effective way to determine a possible liability. Maritime law does not allow the limitation of the salvor's liability, but one of the innovations of the 1976 Convention on the limitation of liability in maritime litigation is the possibility of limiting the salvor's liability. Among the major principles of accepting the salvor's limitation of liability is freedom of will, the need to reduce insurance risk, and provide sufficient motivation for him, and increase the confidence to continue the salvor activity.Limitation of liability can be achieved through agreement. Proof of intent and recklessness with the knowledge that the injured party has entered the loss is one of the obstacles to invoking the limitation of liability. Due to the fact that due to the implementation of the reservation provided in the 1976 Convention, the implementation of its provisions in the country is not possible in all cases, it is necessary to amend the provisions of maritime law in order for the salvor to benefit from the limitation rules.
