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有关承运人盗卖、转卖货物、无单放货等私自处分货物的行为所致损失是否为海运货物一切险的承保范围,国内学界和司法界存在较大争议。从海运货物一切险承保范围的法理分析,其识别标准应当包括损失偶然性、损失实质性和原因的外来性。在一切险条款未明确排除的情形下,承运人私自处分货物所致损失符合上述三个要件,应当属于一切险的承保范围。现行中国人民保险公司一切险条款在应对承运人私自处分货物时存在不足,易致分歧,应当予以完善。
Whether the losses caused by the carrier’s acts of stealing, transhiping goods or delivering goods without their own orders or not, is the coverage of all the risks of seaborne cargoes, there is a big dispute between the domestic academic circles and the judicial circles. From the jurisprudence analysis of the coverage of all goods covered by marine freight, the identification criteria should include the loss of accidental, substantive loss and the reason of externalities. In the event that all the risk provisions are not explicitly excluded, the loss caused by the carrier’s personal disposition of goods complies with the above three requirements and shall fall within the coverage of all risks. The existing provisions of the People’s Insurance Company of China are all deficient in responding to the carrier’s personal disposition of goods, causing disagreements and should be perfected.