英国普通法下被海盗劫持货物的全损认定

Determination of total loss of goods seized by pirates under the UK common law

在索马里海盗行为发生后,对于被海盗劫持的货物能否认定为全损,英国法院给予了最新的解读和判决。英国法院认为,暂时地丧失占有权但不是货物所有权,不构成货物不可挽回的丧失。索马里海盗占有货物目的是索要赎金,货物可以通过支付赎金而被返还。因此,由于索马里海盗扣押货物而主张货物全损不能成立。

After the appearance of Somali pirates, UK courts provided a new understanding and judgment tor the total loss of goods seized by the pirates. The court held that the temporary loss of possession but not the property in goods does not amount to the goods irretrievably deprived. The possession of goods by Somali pirates aimed for the ransom and the goods were forecasted to be returned through the payment of ransom. Therefore, the total loss claim was denied due to the seizure of the goods by Somali pirates.