雇佣救助合同的性质及其法律适用

The nature of contract of employment salvage and its application of law

在中国现有的法律框架之内分析了海上雇佣救助合同的性质,认定雇佣救助也符合海难救助的构成要件。虽然雇佣救助的报酬须适用《中华人民共和国合同法》加以确定,但此种救助在总体上还应适用《中华人民共和国海商法》的规定,具体而言,有关救助报酬的请求应归于船舶优先权担保的海事请求,经认定后的报酬可以认作共同海损,因救助人的过失造成被救财产的损失,救助人应当有权主张海事赔偿责任限制。

The nature of contract of employment salvage is studied within the frame work of present legislation of China,the conclusion is arrived that the employment salvage is in conformity with the constitutive requirements of the salvage at sea.Though the salvage reward of employment salvage should be determined under Contract Law of the People＇s Republic of China,Maritime Code of the People＇s Republic of China should be applied to this kind of salvage in the whole. Particularly speaking,the claim relating to the salvage reward should be attributed to maritime claims secured by maritime lien,the salvage reward identified according to the law should be made good as general average,and if the damage is caused to the subject of salvage due to the fault of the salvor,he is entitled to limit his liability in accordance with the legal system relating to the limitation of liability for maritime claims.