EIRP Proceedings, Vol 7 (2012)

Abstract

The maritime rescue, as any other legal institution related to maritime events - collision, crash, etc. - has its distinctive features. The maritime rescue may be considered as the operation that arises from maritime collision, because, while collision stems from a breach of a negative duty necessary in maritime navigation, i.e. of not harming the other, the maritime rescue is the implementation of positive obligations required to vessel captains by the material requirements of the marine life that adds to the elements of the legal concept which can be summed up as follows: to go to the aid of a vessel in danger, provided that the vessel does not expose itself, through this action, to a serious danger. The institution of maritime rescue encourages maritime commercial activities by the fact that, thus, there are governed such clear rights and obligations saving life at sea and shipping goods.