Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 345
345. (1) The amount and apportionment of salvage, whether of
life or property, and also any question whether the services we re
rendered within or outside Maltese jurisdiction, shall, if not settled
by agreement, arbitration or otherwise, be determined by the Ci vil
Court, First Hall:
Provided that every agreement as to assistance or salvage
entered into at the time the services are rendered may be resci nded
or modified by the said court -
(a) if it considers that the terms agreed upon under the
influence of danger are not equitable;
(b) if the party making the request for a rescission or
modification of the agreement satisfies the court that
his consent to the agreement was vitiated by fraud or
M E R C H A N T S H I P P I N G [CAP. 234. 163
concealment;
(c) if the remuneration agreed is excessively
disproportionate to the services rendered.
(2) In determining the amount or the apportionment of salvage,
the court shall have regard to -
(a) the measure of success obtained, and the efforts and
deserts of the salvor;
(b) the danger run by the vessel saved, by her passengers,
crew and cargo;
(c) the danger run by the salvor and the salving vessel;
(d) the time expended, the expenses incurred and the
losses suffered, and the ri sks of liability and other
risks run by the salvors, and also the value of the
property exposed to such ris ks, due regard being had to
the special appropriation (if any) of the salvor’s vessel
for salvage purposes;
(e) the value of the property saved.
( 3 ) W h e r e a n y d i s p u t e a r i s e s a s t o a p p o r t i o n m e n t o f a n y
amount of salvage among the owne rs, master, pilot, crew and oth er
persons in the service of any foreign vessel, the amount shall be
apportioned in accordance with the law of the country to which the
vessel belongs.
(4) The court may deprive the salvor of all rights to salvage, o r
may award a reduced salvage, if it appears that the salvor has by his
fault rendered the salvage or a ssistance necessary or has been
guilty of theft, fraudulent con cealment or other acts of fraud.
Detention of
property liable for
salvage.
Amended by:
XIII. 1983.5;
XXIV . 1995.362;
L.N. 411 of 2007.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.