해난구조의 성립요건에 관한 고찰－미국 판례상 쟁점을 중심으로－

Abstract

A successful voluntary salvage claim requires proof of three elements: (1) there must be a marine peril placing the property at risk of loss, destruction, or deterioration; (2) the salvage service must be voluntarily rendered and not required by an existing legal duty or by special contract; and, (3) the salvage efforts must be successful, in whole or in part. Although the requirements for the establishment of effective maritime salvage seem to be obvious, the debate on the meaning of the each requirements is continuing in salvage claim cases. This paper has been described for the purpose of clearly understanding the meaning of the below requirements for the establishment of maritime salvage by examining the cases of the United States federal courts. First, in determining whether there is a marine peril, the court must decide whether, at the time the assistance was rendered, the vessel was in a situation that might expose her to loss or destruction. To constitute marine peril, the danger need not be imminent or actual. All that is necessary is a reasonable apprehension of peril. Second, the determination of voluntarily service calls for a determination of whether the salvor had a legal duty to assist. For example, a contract or other obligation between the salvor and the vessel owner may preclude voluntariness. Third, in order for a valid maritime salvage it must be a successful: no cure, no pay. However, the right to claim for salvage can be partially recognized if the salvor’s action contributes in part to the whole successful salvage.