چکیده:
According to Article 179 of the Iranian Maritime Law, if a salvage contract is influenced by danger or undue pressure and its terms are unfair, or if the contract is concluded through deception or fraud, or if the stipulated reward is grossly excessive or inadequate in relation to the salvage operation performed, the court may, at the request of the interested party, cancel the contract or modify it. These provisions, which are adapted from Article 7 of the "Unification of Certain Rules of Law relating to Assistance and Salvage at Sea" adopted in 1910, and with reference to Iran's accession to the 1989 Salvage Convention, are repeated with some differences in Article 13 of the "Law Authorizing Iran's Accession to the International Convention on Salvage" adopted in 1994, although they do not seem compatible with the principle of the binding nature of contracts and general rules relating to coercion and fraud in transactions and the prohibition of modifying contracts by courts, but considering the requirements of commercial shipping and the need for special attention to the rights of stakeholders in this area, they are very useful and effective.
خلاصه ماشینی:
Cancellation or Judicial Modification of a Maritime Salvage Contract Mohammad Abouata Assistant Professor, Department of Private Law, Faculty of Humanities, Semnan University (Received: 2016/01/15 - Approved: 2016/02/05) Abstract According to Article 179 of the Iranian Maritime Law, if a salvage contract is concluded under duress or undue influence and its terms are unfair, or if the contract is concluded by fraud or deception, or if the agreed reward is grossly excessive or inadequate in relation to the salvage operations performed, the court may, at the request of the interested party, cancel the contract or modify it.
For example, if it is proven through expert opinion and consideration of all circumstances that the agreed amount as a salvage reward is very high or very low in comparison to the services performed by the salvor and the results obtained from his operations, the court may, at the request of the interested party, instead of canceling the entire contract or the term relating to the reward, while maintaining the contract, with regard to the criteria mentioned in Article 180 of the Iranian Maritime Law or Article 13 of the 1989 Salvage Convention, change the provisions and agreement relating to the reward amount, in other words, increase or decrease it accordingly.
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