نوع مقاله : مقاله مستخرج از رساله دکتری
1 دانشجوی دوره دکتری ،گروه حقوق خصوصی ،واحد کرمانشاه ،دانشگاه آزاد اسلامی ،کرمانشاه ،ایران
2 استادیار ،گروه حقوق،واحد کرمانشاه،دانشگاه ازاد اسلامی،کرمانشاه،ایران
عنوان مقاله [English]
Maritime rescue is a process by which a ship, its cargo or other property is released from danger, and a rescuer is someone who undertakes a rescue operation, regardless of whether the vessel belongs to him or one of the main members of the vessel. be considered One of the sources in obtaining wages and payment by the rescuer and facilitating its obtaining is the use of maritime privileges. Maritime preferential rights are considered as judgment bonds against maritime property and are subject to a special payment system and special procedural rules, and through the creation of a preferential right and its quick implementation, they encourage maritime creditors to help the ship to continue its voyage. The remuneration of the sea rescue fee in sea transportation is based on certain principles of domestic and international law (justice and fairness) and current laws and various international conventions and Sharia Anwar in the Islamic system. It is agreed by all legal communities that in this regard, maritime privilege rights are one of the sources to pay wages and encourage benevolence and respect for human actions, and in this article, by analyzing it, it takes priority over the rights of other agents, including the rights of the transport operator, if the operation Salvation will belong to the Savior.