Maritime Salvage Operations in Spain: Honor, Law, and Compensation at Sea

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For centuries, honor has been a cornerstone of naval tradition. The image of a captain going down with his ship or the duty to assist those in distress at sea are deeply rooted beliefs.

However, once the danger has passed and vessels are safe, other questions arise: What happens when one ship rescues another? Who pays for the salvage operation? What are the rights and obligations of each party?

Maritime Salvage Operations in Spain: A Lifesaving Act with Legal Consequences

Maritime salvage in Spain refers to any operation aimed at assisting a vessel in distress, recovering property in navigable waters, or protecting the marine environment.

In Spain, salvage operations are governed by the 1989 International Convention on Salvage and the Spanish Maritime Navigation Act.

Maritime authorities may intervene in these operations to ensure safety and prevent environmental damage. However, if a salvage operation is carried out by a private entity, a key issue arises: financial compensation for the assistance provided.

How Much is a Rescue Worth?

The salvor—the one who assists the distressed vessel—is entitled to a reward known as the “salvage award,” which cannot exceed the value of the salvaged property. Meanwhile, the owner of the rescued vessel will seek to minimize this cost as much as possible.

In Spain’s Mediterranean waters, these disputes are typically resolved by the Permanent Tribunal of Cartagena, one of the four remaining maritime tribunals in the country.

When a compensation claim is filed, a case is opened where both parties present evidence and arguments to defend their interests.

The final decision on the right to an award and the amount to be paid (quantum) is then made by the Central Maritime Tribunal.

Although the Maritime Navigation Act (2014) states that jurisdiction over salvage-related matters should fall under civil courts, in practice, the transition of responsibilities has not yet taken place.

These cases are still being handled by the maritime tribunals.

Rights and Obligations of the Salvor and the Salvaged

Spanish maritime salvage law establishes several key principles:

Right to an award: Compensation is only granted if the salvage operation has a useful outcome. Even if the salvor and the salvaged belong to the same owner, a reward is still applicable.

Right to retain the salvaged vessel: If the rescued party does not pay or provide a guarantee for the salvage award, the salvor may retain the vessel and its assets until a sufficient guarantee is secured. It is common to see an immobilization order issued the day after a rescue—an unmistakable sign that the salvor is seeking compensation for their actions.

Intervention of Maritime Authorities: If the authorities direct or supervise the salvage operation, they are not entitled to financial compensation. However, private salvors executing the operation do have the right to claim an award.

Salvage contracts: The parties are free to negotiate the terms of the salvage, provided that environmental protection is ensured. Specialized maritime salvage companies often have strict contracts and financial agreements that must be accepted before commencing operations.

Balancing Honor and Law in maritime salvage

Maritime salvage in Spain embodies the spirit of assistance at sea, but it is also an economic and legal reality.

While the moral duty to aid a vessel in distress remains unquestioned, compensation for such assistance is a regulated matter subject to negotiation and legal proceedings.

Almar Lawyers specializes in maritime salvage cases and rescue operations in Spain. Contact our experts for legal assistance.

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