【摘要】 雇佣救助合同是指救助方依据被救助方的请求实施救助,不论救助成功与否,都按照约定的费用收取报酬的协议。在性质上,其是海难救助合同还是雇佣合同颇有争议。通过对不同国家雇佣救助合同的立法和司法实践比较研究,可以发现,由于雇佣救助合同中约定"不管救助成功与否,被救助方均需支付约定报酬",已经根本改变了海难救助合同的"无效果无报酬"原则,其不再具有海难救助合同的法律性质。更多还原

【Abstract】 Employed salvage contract refers to the contract which the salvor carries out salvage behaviors according to the request of the salved party and receives payment based on the agreement no matter whether the salvage succeeds or not. For its nature,it is quite a controversial issue that the employed salvage contract is salvage contract or employment contract. Through a comparative study of different countries in the employed salvage contract legislation and judicial practice,we can find that as agreed in the contract,no matter success or not,the salved party is required to pay the agreed compensation at all events,has fundamentally changed "no effect no pay" principle of the salvage contract,it no longer has the legal nature of the salvage contract.更多还原