论沉船打捞中货物保险人的法律地位

On the Cargo Insurer's Legal Status in Wreck Removal and Salvage

当沉船货物随船被强制打捞起浮后 ,会涉及到打捞费用承担主体及货物保险人地位的问题。本文通过对货物保险人接受或不接受委付的不同情况进行分析 ,从而明确沉船打捞中货物保险人的法律地位。

Where the vessel sinks in the harbour or the waterway with cargo on board, the wreck should be removed compulsorily by the harbor authority according to the relevant law of P.R.China. Whereas the ship sinks in other areas without causing any danger to navigation, the Owner of the sunken vessel may also like to raise it for the interest of the wreck. So when the damaged cargo is salvaged, the disputes on the liability for wreck removal will normally arise. This paper, based on the analysis of the status of the parties concerned in compulsory wreck removal as well as that of the cargo insurer in the different case of refusal or acceptance of the Notice of Abandonment, examines whether the cargo insurer should be responsible for the cost of wreck removal and salvage.