Of the salvage charges payable to a ship engaged in salvage, two-thirds must be paid to the shipowner and one-third must be paid to the mariners.
救助に従事した船舶に係る救助料については、その三分の二を船舶所有者に支払い、その三分の一を船員に支払わなければならない。
Any special agreement that is incompatible with the provisions of the preceding paragraph and that is disadvantageous to the mariners is void.
前項の規定に反する特約で船員に不利なものは、無効とする。
Notwithstanding the provisions of the preceding two paragraphs, if the proportion of salvage charges is extremely unreasonable, the shipowner may claim an increase or reduction thereof from the mariners, and vice versa. In this case, the provisions of Article 793 apply mutatis mutandis.
The ratio of salvage charges to be paid to each mariner is determined by the owner of the ship that was engaged in the salvage. In this case, the provisions of the preceding Article apply mutatis mutandis.
If the salvor is a person that is in the salvage business, the full amount of salvage charges must be paid to the salvor, notwithstanding the provisions of the preceding paragraphs.
ship
「船舶」
In the part on maritime commerce (except Article 747), a ship used for navigation for the purpose of commercial transactions (商行為), other than rowboats and other boats driven only or mainly by oars.
Defined inArticle 684, paragraph (1)
salvor
「救助者」
A person who rescues a ship or its cargo (積荷等) that has met with a maritime casualty, and who may claim a salvage fee for the result even without a contract.
Short name set inArticle 792, paragraph (1)· applies only in this chapter
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.