論海盜行為對海事法之影響─以海上保險為中心

• Main Authors: Wei, Wei-Kai, 魏威凱
• Other Authors: Lo, Chun-Wei
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/3a5e7k

碩士 === 國立中正大學 === 法律學研究所 === 103 === In recent years, piracy, particularly off the Gulf of Aden and the Horn of Africa, has become a major problem for global shipping and insurance industries. The new issues and questions emerged as a result, including the effects on the marine insurance law in regards to piracy. This essay discussion of current events and English law as it affects marine insurance law. The definition of piracy adopted at public international law and criminal law is unconformable with that adopted by marine insurance law in its civil or commercial sphere, the marine insurance law definition is not so confined. Modern piracy is very different from that of the past, who captured the ship, kept the crew, in order to demand ransom for the release of any hostages. This essay looks to where the peril of piracy fits with in a modern insurance market, and discusses whether capture by pirates constitutes an actual total loss or a constructive total loss under the Marine Insurance Act 1906. The payment of ransom was not illegal under English law, and also not contrary to United Kingdom public policy. In the absence of any illegality or contravention of public policy, this essay explores whether the payments of ransom are recoverable as a sue and labour expense or a general average expenditure.