What is the law of marine salvage?
Maritime law is the legal system that governs activities in and around the sea or any other navigable bodies of water. In regards to Texas, the state has adopted a body of statutes and principles that make up the maritime law. One of the most important aspects of maritime law is the law of marine salvage, which establishes a person’s right to claim and receive compensation for rescuing and preserving a vessel or cargo from possible damage or destruction. Generally, a person can seek compensation for salvaging a vessel or its cargo in two ways: voluntary or contractual. In voluntary salvage, no agreement is made between the salvor and the owner of the property prior to the salvor’s efforts to save the property. In this case, the salvor is generally entitled to reasonable compensation from the owner of the property based on the salvor’s efforts. In contractual salvage, on the other hand, the salvor and the owner of the property agree up front on what amount of compensation the salvor will receive in exchange for the salvor’s efforts. The amount of the compensation will depend on a number of factors, including the difficulty of the salvage effort, the value of the property being salvaged, and other circumstances. In either case, the salvor must prove that his efforts actually saved the property from damage or destruction. If the salvor is successful, then the owner of the property must pay the salvor the agreed-upon compensation. This is the law of marine salvage in Texas.
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