Legislator Case Law & Legislation
KKO 2182/1995 AI generated

Supreme Court allows captain's share of salvage reward when acting professionally as a merchant seaman's employee.

Case Number KKO 2182/1995
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that a ship captain employed by a professional merchant salvage service is entitled to a share of the salvage reward. The court found that the captain performed the salvage operations as part of his professional duties under a commercial contract, distinguishing him from a private individual. Consequently, the court held that the statutory conditions for awarding a share of the reward were met because the service was rendered in the course of professional employment.

Legislator headnote

AI generated

Section 1 of the Merchant Salvage Act 1995; Section 2 of the Merchant Salvage Act 1995: A ship captain acting in the course of professional employment by a merchant salvage service is entitled to a share of the salvage reward.

Keywords

AI generated
merchant salvage service ship captain employment salvage reward share professional duties commercial contract

Cited Legislation

AI generated
Section 1 of the Merchant Salvage Act 1995
Section 2 of the Merchant Salvage Act 1995

Cited Case Law

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Full text

Kysymys ammattimaisesti meripelastustoimintaa harjoittavan laivanisännän palveluksessa olevan aluksen päällikön oikeudesta saada osuus meripelastuspalkkiosta. Ks. KKO:1995:94, jossa oli kysymys saman aluksen konepäällikön oikeudesta osuuteen meripelastuspalkkiosta.